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I
^fl i
OF THE
Confufions and Revolutions
GOVERMENTS.
Wherein is examined,
How farre a man may lawfully con-
orme to the Powers and Commands of
thofe who with various fucceffes hold King-
domes divided by Civlll or Forraignc
V/arrs.
Whether it be
i. In paying Taxes*-
,2 . In ferfonall Service,
'3 . In Talking oppofite Oathes.
4. In atnans giving bimfelfe up to a f nail Allegiance jin
cafe the Warn end to the advantage of that Tftotr
or Tarty Vtbub isfuppofed unjuft.
Likewifc
•Whether the Nature of Warre be inconfiftcnt with
the Precepts of the Chriftian Religion ?
Three parts, with fcverall Additions.
By A n t : Ascham, Gent.
LONDON,
1 printed by W, Wilfon, dwelling in WeUyaril^S
neere Smitbfield* 164.9. 4vft£y ^ r^X '
1 ' v *-* *■ - ' ' £» " k4^T!' y ,
1 /L.~yz /^//fcjy? *»-*-» -■"
Preface to the
READER
F J might have enjoyed St. Au-
guftines wifh 5 d//d tat/'e feett
Rome in its glory 5 itponld
have been only to have heard
the great Kirgs of the world
like private perfons (Et fepo-
fitis fceptris) exammd and plead, pro & coa-
tra, at the Senate-barre, about the due admini*
Jiration of their Rvy all f unit ions.
For there was a true f over aignejurlsdiUioi?,
andto be admired \ if the Senate it felf had lbecn
free from mifgovernments, depopulations ^ and
ufurpation. But as the overboyUng of their am~
bitionfieditfdfe over the whole earth, fothc
fghs andgroanes ofEaji and Weft met and ec-
chod perpetually betwixt their walls : And if it
had been likewise poffibh 3 that all the blond
which by their Qowmijjlonf was drawnefrom
thtftdes ofmankinde, could have met at Rome,
thefource was capacious enough to have made
J 2 a
a River paffe before their Senate-door e t as big
as their Tiber : Thus they cofnmerct with the
people 5 but Csefar afterwards by a Commiffion
icrived from hijnf elf e> made the people all the
world over , and the Senate likewije pay tri-
bute to him 5 For which he repaid againe no lejfc
then his owne life 0$ a tribute due to them. Here
therefore I fhatl be fo bold, in the Peoples be-
halfe efpecially , as to examine both Caefar and
the Senate 3 that is, I fl) all lay the fafts of fu-
premeji powers to the rules of right , and not
their fads only, but our owne alfo , as we are
all moved, or rather hurried by their rapid mo-
tions. The originall and inherent rights of the
f octet y of manhjnde, is that which I her ef ear ch
after, not thofe rights of this or thatCountrey
{of which there is no determined end, no not
betwixt the Lawyers of any one dominion^
that fo finding out, and afterwards holding to
our owne native Rights as men5 we mayhefure
we doe others no wrongs Subje&s, be it either
in ailing with them, or dijj'enting from them.
Thejiory of this Age is in no degree propor-
tionate to thefe difcourfes, becaufe it k not a-
ny way fo calamitous as that of our forefathers
under the difputes of the Red and white Rofes.
There I fee true confujiens and revolutions in
Government $ the fame men invading one ano-
ther,now for this party, by and by for the ether,
and after that for a t bird) and an avowing of
right
m
right in all \ the conferences only of thofe men
we cannot fee •«, but to judge of them aright, I
fhallin thefe difcourfes change the Scene , and
putourfelves into their places. Thkwe know
by Proverbe , that he who js afraid of leaves
sughtnbttogoeinto a Forrefi : fo ought not we
into any aBionjfvoe fcruple at the leaji circum-
fiance: for by Oefars favour (who was farre
from the complexion of a b ogling Cafuifi) Sa-
tius eft cavere Temper, quamperire femel. I
conceive that they who were not thefirfi movers
of thofe calamitous con fufions , but were after-
wards by aflrift necejfity involvd in them, had
a larger liberty and right then ordinarily any
party would allow them, which ever fayes, that
in all things we may in conference aff onely one
way. Wherefore I have made it mytaketofhew
in the two firB parts, how fome conferences in
thofe tempefiuour times, like our Albion rocks,
might on every fide have rejijied the waves they
were beaten with, yet have beene never the
blacker*
ihe Chymijis remedies Jlirring the fpirits
of a dying body all at once, make afudden re-
covery of the patient, yet beeaufe they fpend
them) elves without a fupply, thofe remedies
difpofe the body to afudden death : Thus the
lampe which is confuming its laji drop, bur net
brighreji, yet goes out fuddenly like light nlhg 5
f j Such cures as thofe what valuable effefts do they
pro-
produce ? In like manner what advantage is it
to have deducd out of the former parts,aMo-
ralland Civill Latitude for the defence of our
pirfons and fortunes, if Christianity difarme
us totally ? This were by vtrtuz of the firji parts
tofteke to preferve our lives a little, but pre-
fently after' to dye a worfe death by the laji , in
which it is examined, Whether the Nature
of all Warrebe ineeefiftent with the Nature
oftheChriftian Religion ? as Erafmus /# fox
querela pads & Schliftingius contra Grotium
& Meifnerum, and other Socinians, would po-
ftively perfwade us.
The magnificent ejl triumphs did cert ainely
by a reflexion reprefent to fome eyes nothing
hut horror : becaufe they were alwaiespropor-,
tioned to the extent of defolat ion t brought on
thofe who had thefoules and faces of men. But
policy hath need of all its Jiratagems to con-
found the judgement ofafouldier,byexceJfive
praifes, recompences and triumps^thdtfo the o-
pinion of wounds And ofwodden leggs, might
raife in him a greater ejieeme of himjelfe, then
ifhehadanintirebody. Jo allure others,fome-
thing a! fo muji bee found out to cover wounds]
and the afrightments of death handfomely^ andy
without this, a Qefar in his Triumph, with all
his Garlands andMufich^ would looks but like a]
ViUime. But what forrow of heart isu to fee
pajfionateman, araye of Divinity, and the joy
of
of Angels frourgd thus with his own fcorpions?
and fo fondly to give him f elf e alarums in the
midft of his innocent contentments , as they did
who were in the midft of their recreations in the
Theatre of Tarenturn. the cholericknejje of
jffi [wperby the tufttull heate of \o many hearts
p isYedoubled^) ftirrs up the lees of a Common-
wealth* as a tempefb doth weeds and flinty fede-
ment from the bottome to the topoftmSea^
which afterwards driven to the foore, together
withlis fdame^ there cover. spearlh and preci-
ous {tones, wherefore' here likewife ffhall en- ,
(feavour to fhew how wee may weather outfuch
Jiormes^ in the midft offo manyfwordsfinde
an inculpata tutela, which may with as little
contradiUion pajje through moti opp >c fit ions 3 at
Clemency may through m^Ji punifhments. When
Carthage was befieged 0 there was ufe even of,
womens haire to make ropes for engines : I
know I do not contribute muchjlrength to thefe
difficulties ^neither conceive I my felfe a Pilot
dexterous enough for fuch a Sea. All that lean
hope for in this difcourfe (Reader) is^ that my
ef capes or fault sD like thofe which are found in
the cuts of Diamonds^ willpajfe the eajllier un-
difcerned under the ri'chnefte of their fubjeff-
matter^ or at leafi under the richnejjeofyour
goodnelfe.
The
THc Reader may be pleated to undeftand,that this
Difcourfe was made Publique, long before any
J^&sjchange of Governement was undertaken here , and
/therefore could not by any obliquity point at that;
which it could not then by any meanes fee. Plato
faith. There are certaine (eafons for our comprehen-
ding fome certaine truths, which we cannot under-
ftand nor digelt, till we arrive to that Age which is
particular tofthem. I hope, tho the feuds of thefe laft
feven yeares warres, have been as the fewell of Ndu-
cbtdnezars furnace, to heate & inflame our mindes fe*>
ven times hotter then they were before, yet fo much
Reafon may move in us ftill, as to render fome of
thefe truths feafonable both to our underftandings
and Obedience. l&~i i*^l'JZy -£&— H*dt£
t cA <if*tn -t/^t^nrr^c/ed k*^Z
-t/uj ryuLrAfi- <£^ JT*
( I )
(hn<fc{hffiJ*iT}0ifo<hffi' (TxninQxhvxni,* .crow-
The firft Part :,1!
Wherein is examined generally
in what things, and how farre a man
may lawfully conforme to the power and
commands of thofe who hold a King-
dome divided by Civill Warre.
Chap. i.
The hiftoricall occafion and ftateofthe
Queftion.
$. i . The caufes of right wherefore hard to refolve.
2. The re a fens wherefore men determine not eafily the cafes
of Civ W war,
3 . Of each mans Soveraigne Allegiance to himfelfe*
4. No war can be made without the exercife of an a&foluti
• power for the time during,
$. Abfolutenefie of power wherein it conjifts.
Here can be only three confederations of the
ftate of Warre.
Firft, In its beginning ; Secondly, In its
continuance, which is moft properly its
_ ftate ; And Thirdly, in its end: from
thefe/anie three Queftions.
Firft, What may be the Origihall and Juftifiabie cau-
fes of a mans forming a party inthe beginning of a War.
Secondly,-. How farre a man maT lawfully fubmit to>
mdobeyoppofite parties, during the confuhons of Was
dually formed and introduced? ^ . u ■
B Thirdly,
(* )
v , What may be lawfull for a man to fubmit to
i.e inue of a V Varre , which may end to the ad-
ige of him who by unjuft force hath pofleft himfelfe
jothcrs rieht ?
hele two latter fall into the compafle of this difcourfe.
?1 he firft is a Queftion apart, to which though much may
belaid, yet I hold not the knowledge of 'it foneceffary
for thofe who are the Acbfri, and of the rank of the peo-
ple to whom I now fpcakc. Theie are the Anvillon
which all forts of Hammers difcharge thcmfclves ; they
feldome or never begin a V Varre, but arc all concenr'd in
it after it is begun : Beiides, the difficulties of it arc not
lb great as of theie two latter, for the people /eldome
know the fecretcauies of the beginning of a Warre,
(which if knowne would quickly take away doubtings)
and which is worfe they muft come into it afterwards,
though they would not have any at all. Many things
will be proved lawfull for men to doeintheftateand
w.inding uf> of a Warre introduced by others, which
would not have beene fo for diem in its begriming : fo
that though by accident they may begin to putthem-
felves into fiich a Warre , yet they cannot be faid to be-
gin the Warre, or a/lift to its beginning. 1 aftly ', that
ijiieftion growes not naturally out of the yiftoricall
ground and occafton of this Treatife, as prefently will
appeare.
Our Consciences more then our capacities fliould put us
upon the fearch of theie two Capital! dif Hcukies, that fo
ifoccafionfhould be, we might the fteadiiier itand thole
fhraights and blows of a fortune to which humane con-*
dition lies open, in the Revolution and confuiion of Go-
vernments.
Our forefathers above one hundred yeares agoc were
above twenty yeares in examining the fecond queftion,
and about fbure yeares in the thkd.Henry the Sixth being
bv force of Warre depoied (after folemn Oathes of Al-
legiance, both of Parliaments and people) to'^jake way
for Ectoard the Fourth ; who againe, a' ter the like O aths
smd Allegiance engaged to him;was as ibkainly^and by
the
(3 )
* theiamefateof me fworddepofedforHfwry the Sixths
right, who after nine yeares imprifonmentwas re-crow-
ned, and after fix moneths Raine was againe forcibly
depofedforfVftiw^trie Fourth and ftabbaby his Bro-
ther Richard Duke of Gloucefier , together with Prince
Edward King Henry's Sonne, upon his returnefrom Frame
for his Fathers reliefe. Thole two Kings, like the gods
which the Romans tooke in their enemies Countries,
were fcmetimes led in triumph, and fometimes adored.
But that which was fbmewhat blacker then all this was
the Duke of GlouceBers murthering his two Nephews,
the young King and his Brother, Maluit enim rapere im-
perium quam expetfare. Yet notwithstanding, particular
men (according to the calamity of thofe times 'were by
Oathes and Allegiance forc't to fiibmit to this Injuftice ;
which after another bloudy Warre had its change, and
after 24. yeares confufions and revolutions ended peace-
ably in theperibn of Henry the Seventh.
Here we fee what thole Confciences confbrd to in
point of fa&, which usually receives its motives from in-
teieftorfeare,tiiew^dyW<i permitting no niceneffepfv-
bedience, I
Sett. 1. But neither then nor fince hath it been declard
unto us what in iuch cafes is lawful 1 to doe in matter of
right : Every prefent power, whether eftablifht or
ftruglingtobeeltabhlht, haying this intereft, that they
who de fatlo are under their power , ihouldnotjuring
tnat'time preiume to q uertiori their Right ; It being fome
hjnde of Victory already gained , to baVe gairid the repute of
the better caufe.
Sett. 2. Many other queftions han^ upon thefe, whicli
are all the difriculter because the fubject ofthem which is
Civill Warre, confilts in confufion, in which the mindes
ofmen are floting and divided, according to the variety
of fuccefles and divifions which Armies make in the
places where they and their whole i ubftance are fallen in-
to their p^flefsion.
Sett. 3. And let men argue at as much eate as they
pleaic, yet it is cejtaine, that no man is offucji a captiva-
B.2 ccd
(4;
e ^d Allegiance, as by reafbn of it to engage him/elfe to a
party, beleeving upon the engagement that he frtall bee
certainely deftroyed in it. There is nothing in the skin
(as they lay) which will not doe its belt to favc it : And
he muft be a rare E xample who makes not his Iaft refb-
lution for his owne life, or fubfiftence, which is equiva-
lent to life ; And therefore the valianteft and molt ftn6t-
ly oblig dTroopsJtick not to aske quarter , when they
cannotdefenlTtnemlelves any longer, and are juftified
for it, even by thole for whom they fwore to die.
Our Saviour ipeakes of a time when a man will /ell
allhehathforafword: And we reade of thofe whoa
long time ador'd and kift a Goddeffe faftned to an Cake
in a Grove; but when that Tree was ready to fall, no
one would come widiin the fh i dow of her ftatue. And
as it is naturall for particulars thus to confult for them-
lelye$Vb lsltas'natW'a'll forjhofeATOggWjiich have the
(Ticlpa rticu lalM their poifeisions : W ftererore thouglun
"thole caleTwee may lament our owne miseries, yet wee
ou^ht not to wonder, that all mafter-powratakclucinn-
terefijn their owne prefurvations,as to ujeaJlmeamesjttat
y^recoy^r not a power to betray them ,
4TThjs confideration obliges even thoje (who per-
hapsfigfittohavel^^ toexerciferoratime
*hat Law wfiica indeed is tnetharpett,^ .'the Martiall •
and they who right to tree them! elves from an abfblute
power, are by that obliged for the time to take upon them
theabioluteft. (as Dictators did) which abfolutenefle
confifte in diefe heads. In cafting off all recognisance of any
Superiors or Collateral! po^er : In'fraging Wane: InleVy-,
ingTaxes: In giving Oatbes: In ma^jng Leagues and in
Treating: Infermittingno Appeale : in obliging to all fort.
0 f 'fidelity : And finally in J fudgingof life and death.
Here's matter enough to perplex Confcience,efpecialfy
ifitfhould be exercized on it by that partie which is be-
lieved to be the un juft ; but yet mat is not the worft : For
by the chance of Warre the other party maytyjiavethe
power to embroile our Conlciences a new with contra ry
Cathcs and Obligations ; And after this the other may
be
f5 )
be re»eflabli(ht againe; and then.
Quasfosnas non exigit Ajax,
Vt male defenfus ?
But the difficultie paramount is this ; Vt innocem Jit a-
nimusintamiratafortuna : and if we doe no more than
that which is lawrull, we are lure our Consciences will
be better than the times.
• Thus having ftated the queftion, 1 enter into its termes,
and in thefMpIace aske, What that is which we call
lawfuli.
Chap. II.
What is requifite to make a thing lawfuli.
$. i. The variety and contrariety of humane aft ions 3
whence.
2. The difficultie of finding what is lawfuli.
3. Humane Lawes whence : and wherefore the Lawes of
Nature are aboue ours.
4. No man naturally mote a Judge than another of Natures
Lawes .
5. Natures Laws are for inward goodnefse and vertue, and
' ftate Law for. quiet and repofe.
p Lain reafon fhewes us, that Naturall and Mathema-
ticall caules have more certitude tnan VjivlflT fr'or-
Natlireis' alwaies- unitbrme allctahke,, in its operations .
Hence fire alwaies biifnes and n^ver wets ; a ftone in
the aire natui ally tends downewards , and never ft > yes
in the middle. In Mathematical! cufes, ordinarily the
formes are iuch,as have no middle inrerpofed as betwixt
even andod, there is no medium participations, betwixt a
right line and a crooked, there \s no middle fort of line ;
thus two and two alwaies make fbure, &c-
1. But Civill or Humane a&ions proceeding from a
mutable and a various Principle, ( the will ) cannot al-
waies be alike or uniforme : and beftdes the will within,
hu mane a&ions without , are fubje&ed to different cir-
B 3 #in>
CO
cumftances, and to infinite incounters : By rcafbn of
which their excefli ve numbc r , they cannot be foreieene
while men are making Lawes. Hence we may under-
hand wherefore its faid that Omnis definitio injure eft peri-
culofa ; and that Summumjus may be at fome time Sttmma
injuria ; as to rendera man his word when he is actually
mad, &c. And as circumftance hath power to change the
matter, io in the forme of the adtion, it leaves in the mid-
dle a latitude and extent, fbmetimes inclining to one ex-
treme, fometimes to another.
2. For example, betwixt that which by precept we are
commanded ever to doe, and that .which we are com-
manded ever to doe, is plac't That Tbbicb is latofull for us
noto and then to doe, or not to doejn matters of our <ftone right y
fo fane as theyfeeme expedient or not expedient for us. Thus
lofeph is cal led a juft man* becaufe he thought of divorc-
ing himfelfe from Mary, though upon circumftance hee
would not,&c. But that which perplexes all here is, that
this Licitum leanes fometimes more to the one hand,
fbmetimes more to the other; fbmetines more to that
which is absolutely good3fbmtime5 more to that which is *
abfbluely badjfrom whence grow fcruples,& doublings,
whether in fuch twilights we really participate more of
light than of darkenes, that is, more of good than ofbad.
3. Humane Lawes prow moft out of thefe middle
things, ^Wmediu imtu 1 And upon right examination
we /nail f7nde,that a man hath nothing elfe to difpofeof.
For wre (poor e/ubordinate vaflals) cannot fb much as
deliberate de tbfo/ute debitis & abfoluteilluitti, for they
were in force before man, Prince or people were in bec-
Jhg; and God himfelfe cannot now alter them, they
flowing intriniically either from his Sanctity, Wifedom,
and Juftiee, as he is a Creator and a Governour ; or elie
thev flow from Nature, whofe rule (according to Gods
making it by that which is in himfelfjis right reafon and
honefty :This uprightneffe of Nature, togerf^rjvjththc
obligation we have to be iubje^t to it, was not a moment
Jftefus, and therefore we couIHlioTcIeteffnine any thing
about it; For wJiicfr <;aitfe webayenota legiflatjvepow
(7 )
er to alter of diminifh any of* Natures Lawes4
' 4. Saint T_aul 'tells us of' thole who without any after-
knowledge of Gods reveled will or Iawes to man, were
condemnable by thof- of Nature alpne: in punifTiingtHe
Dreakers wheror"noman is naturally more a Madftrate
then other : Otherwife what meant Cains when after his
murther he cryed,Whoioeverfhal findeme will flay me.
5. Though humane Lawes remember us of thcfe
things , yet it is not as if they gave them their originall
and Primary force of obliging: Yea, reafon of /rate is
not buiied fo much about inward piety and vertue. aslt
is abolii publkjllg^uiet and repoie^or thole actions which
regard another rtfaris' receiving right or wrong ; and
hence it is that great prodegality is not fo feverely pu-
nifht, as a littlerobbery ; and thztmatuThomo potest ejfe
bonus ciUs : 1 he reaion is , becaufe tliough he may doe
himfelfe wrong in his owne rights, yet hemayalwaies
do other men right in theirs : Neither is there any cleare
reaion, wherefore thofelefler ITnnes and impieties fhould
be punifht by any but God, who is wifeft to know them
jufTefrtowreighthe merit of them, and powerfulleft to
punifhthem.
Tnis is the ftate of Gods and of Natures fixt Lawes,'
to which we are all equally obliged ; but our flotmg and
-circumftantiated Laws areonely to give a rule forane-
quail and mutualTcc^munity in things which GocT-mcl
INature ftave us to~cli!pole of as we would our lelves ;
ahdnow thequertion is, Jr-'irrt, what right or liberty wee fl
have naturally in our owne actions, as alio how we ^
were originally invefted with lawfull poffellion of the
gifts of Nature. And Secondly, how our willes-fince
dilpoled both of the one and of the orher, or which is e-
quivalenttobothQueftions, That as originally "toe had and
did all by the La^es 0 f Nature , fo whether noV> our /late and
conditions befucb, that "toe neither ha\>e nor can doe any thing
lawfully but by permifsion of humane Written LoMp ? The
following Chapters of this firft part treate Generally of
this, as a ground or introduction to the fecond, where
the particular c,afes of paying Taxes; ferYing Perfonally,
Swearing
(8)
Swearing, and finall Allegiance to the ufurping party,
are morediftinc'Uy handled.
Chap. III.
Of what things we have a lawfull right to
difpofe: Or what our originall rights in
them may be before we de jaUo doe dif-
pofeof them.
£ I. Concerning eur natural! fbares in the earthy and
whence came the Community of things at the beginning.
2. Whence the feparate enjoyment of rights inprefent.
3. Concerning the right which menbadto feizeonwbat
they would at the beginning.
4. Of Fojfefflon and its originall right, and of Plan-
ters in Vacancies.
5 . Of the Conditions of Plantations, and of Vacancies.
6. The natural! right of mahjng laji Wils andtefla-
mens of what we fojfiffe in our lives.
Sett. 1. A S Heaven is inhabited by God and divine
^^ Spirits of inferiour degrees: fo is the earth
to be inhabited by man and feverall forts of creatures
inferiour to him ; and that in order to his life and domi-
nion. God twice gave us the earth as a common jlocke
and, patrimony to live on3 after the Oeation, and after the
deluge, Mi. 17. V. 26. Men then lived at eale enough,
feeding only on herbes and thole things which nature
prepared for them> without their labour: And this
jftateofCom'Tiunity might have lafted ftill, if we had
but two qualityes which were proper to thofe times
Charity, and Simplicity; of which, nakedneffeTvand co-
verings ofbeifts skins wis, and is frill an Argument:
Witnefle the inhabitants of the new world, and of the
American Ifles.
2, But
2. But now our luxury and exceffe isfuch, that it
takes up the implovment of three parts of five both of
men and time* (o fmall a number ate they who till the
ground, looke to patturage, and things necelTary to the
fubfiftence of our lives: Nay, tisimpoffib:eaImoftfor
thofe who are bv profe/fron occupied in theneceffary
imploy merits of life, ever to nfe to the fortune and ho-
nour of thofe, whofe professions coniift in and iub ft
by luxury and excefle ; For inftance , a Plowman ,
Millar, Chandler or the like, never riie to the fortune
or efteeme of Jewellers of exquifite perfumes, Tavern-
keepers, &c.
Out of this we may eafily difcover the occafion of
mens receding from their originall community, both
in moveable and immoveable goods, That when men
were no longer concent to feed on the luperrTciall bounty
of the earth* autdejpontenatis, nor to live in caves, nor
to weare habits made of rude hearts skins, or of the
barkeofTrees, but fought a more delicate kind of life,
then there wras need of much more induftry then before,
wrhich particular men appli'd to what they leiz'donin
particular* An other occaiion (asGrotius hatbobier-
ved) might be, the difiance of their habitarions upon the
peopling of the earth; which might well hinder their
laying up the fruits of the earth for a common ftock:
As alio the defect of Juftice and love, which occafi-
on'd an inequality as well in labour, as in (pending the
fruits of labour,
3. Wherefore upon thefe occafions they began to
divide: And tho they had no rules given them for the,
detaik, and laying out the narcels of this g at Com-
mon, the earth; yet the firft pofieflors might without
fcrup'eof doing others wrcn^, 'rlace their bodyes where
they would, 'yea take what, and where t! ey would to
ferve their natures : And after their hmds had once
faftenecj on any particular thing , no urn could take it
from them a^aine, without doine them m oifeft wrong.
Thus an empty ftaee is common in ever> panicular pare
or place, till particular bodyes have plaa themUvcs ;
ancl
(.0)
and then the maxime holds, In pari juftmelior eft condi-
tio pofsidentis,
4. Poffefsion therefore is the greateft Title, which is
nothing elfe but pofetio pedis -, As if the Ancients had no
other Seale to confirme their Tenures, but Reprints of
their feet; and good reafbn too, feeing the mind is not
able to take up a place fo well as the body : For many
mens wils may concur in ( wifhing and liKing)the fame
thing, but many bodyes cannot concurre to the poflef-
fing it. B elides, the minde cannot fct an outward mark
on what it likes, that thereby others might be warned
to abftaine from it : all which the body properly doth.
Abraham and Lot going to plant, declared no more
then this, That there y*>as roome , or Vacancy enough ;
and therefore without further examination orfcruple
they knew they might turne to the right hand or to the
left, to poffeffe what they would to themfelves.
5. This vacancy is twofold. 1. Natural!, 2. Civilli
The fir ft is in things which may be pofleft, but actually
are not, neither in property nor ufe. Such a vacancy
which is nullius in bonis, might be occupied by Stoiteers*
who as Cafar faith, would faine have changed tneir
.rough hils for fome neater Campania , Civill vacancy
is ubi nee poffefsio eft plene in homine% nee homo plene in
foffefsione : that is where it is not abf 61 utel incorpo-
rated, as among the roving Arabians, and many Afri-
cans, who poffeffe one place to day, and another to
morrow : Thefe by their frequent returnes (hew that
they abandon not the places they remove from, as
derelitla qua guts in bonis amplitvs numerare non Vult, We
canonelyfay, that their naturall and Voluptuary inter eft:
in them is no way improved. But we muft preffe this
Argument very tenderly, left by the fame reafbn o-
thers conclude, That thofe Eftates which are not com-
petently improved , are derelict and occupyable by
others , which would introduce perperuall cotifufions ;
andeafilyperfwade every man that he could husband
his neighbours eftate better than himfelfe. However
this is a cleere cafe for all Planters, that thofe itoaftes, or
afperi
(»)
afperi monies, which the Natives make no ufeofj ncr
can receive any damage by their being poffefc by others,
may be lawfully impropriated by them : %eUe jatta eft
concefsie, qua eft fine damno alterius, faith the I aw,
6. Thus we fee how we originally impropriated to
our ufes during our living here : but then lome may
queftion thus, tfciat when we can have no further ufe
of the things of the world, but are departed it ; whether
then we have a naturall right to difpofe of the parts of it
to whom we pleafe by wil and Teftameht?For it feemes
unnaturall and contradictory that a man fliould adt any
thing after his being ceafcs ; which is rcafbn enough :
but then one thing is forgotten, That the dead mans
gift is made during his life, tho ithavenotanyerrecl:
till death. And good reafon why it fhoul4 not he be-
before ; for that would be as the French fay, Se defpo-
Viller a\>ant que de s'en alter toucher, which is, for a man
to put off all his clothes before he goes to bed.
Thus we fee how the Earth by originall right is en-
tail'd; now it will be neceflary to examine
Chap., IV.
Whether the Property which we have in our
Goods fwallo ws up all right.
§ i. Re who bath nothing by humane pofitive Law, may
yet feeke his means of fubfijlence by the Law of Nature.
2. Wherefore one man may naturally have more then ano-
ther.
3. Whence it is that there was at the beginning and is
(till^ a Tacke condition of re-ajfuming our Originall
Rights in cafe of extreame or naturall necejjiiy for a
natural! community.
4. OfCbriftian Community \
5. Wk>
(»)
fc. Whether that which is Gods here, lyes under the fame
exceptions of our neceffities9 that our Properties doe >
6>#.i.fY-lr generall rights furely are not vet all loft,
^though all the world be now trampled over,
& impropriate J in particular poflclsions & rights: there
yet remaines fome common right, or naturall com-
munity among all men, even in impropriation ; io that
that which is neccfTary for any naturall fubfiftence
and neceflary to another belongs juftlv to mee, un-
unlefTelhave merited to lofe the life which I feeke to
preierve. There were a defect in Gods creating of our
Natures fiich as they are, if he did not provide mea nes to
uphold their beings according to the naturall faculties
which he hath given them,
Tia miter partem inter libem diftrihuit ut fruffum Ve-
niatfingulis. .
A good mother divides her bread among her chil-
dren, as a morfell may come to each.
I et us judge this cafe by thofe rules of Juftice, by
which we judge other cafes. If a Father in his Will parfe
by a Child, or name him, but upmfalfe cauies leaves
him nothing; he is notwithstanding (by the equitvof
the Civill Law) admitted to-a childs part alegitima, and
may forme his action contra tejtamentum inofficiofum^
Men are all akin, and we derive one from another, fd we
cannot expert but to make roome one for another, and to
let others fettle incur places, who mav juftly expect as
much dueto them rbr their naturall fubfiftence, as was to
thofe who before went out of the worid to make place
for them, yea, though they afsigne them nothing at their
departure
Man were of all living creatures moft miferable,if he
might not during this life have that mealure which God
would not have an O xe defrauded of. Thus ha th every
dum'hil Flye a right to live* and to remaine infertile,
which beffdes exiftence hath fence, and may not juftlv be
deprived of th \ t its chiefeft felicty, unleffe it be importu-
na e to a nobler ( reature.
2. No man in reafbn can pretend to fhare in the fweat
of
( n )
of another mans browcs^ or that the paines and wafting
of an others mans life, mould be for the maintenance of
anybuthisowne. Yet though it be granted, that they
who enter d the world before us2 had themeanes (either
by their owne induftry, or lawfull donation of the fruits
or other mens induftries) to be poffeft offomething more
then we might in reafqn expect at our entry, notwith-
standing all that is not lb* properly theirs, but ifanother
by extreme ncceility beperifhing, and they have above
wkat they can conuime in a naturali way then they have
no fuller property in that plenty than ftewards have, ard
for this regard they are fo called in Scripture. The earth
(till is the Lords, and thefulnefle of it : it is his, for hee
made it but of his cfone matter, and for thefajhiovof it hee
us'd not our aide : Yea, tis h is Sunne ftill which produ-
ccs, and Ins Clouds which drop fatnefle : we can onely
pleade the contribution of a little paines, for that which
is our naturali fhare; fo that in plaine reafen wee may
not expect to be otherw ifc qualified then fie wards for all
that which is not probably neceffary for our owne fubfi-
ttance, or for theirs, who fubfift onely by us. Wherefore
ifL^rwredytoperifh (not by fault but misfortune)
had taken (DiVeshis crummes contrary to his will, yet he
had not finned ; no more than he ^ho ta^esfomething ^hich
the Lord hath given him s though the ftelbard contraditt it*
But if it fo happen that they be in fart necessitate ,ther*
melioreB conditio pofodentU : Or as Saint Tauls words
were when he excited the Churches charity & a*mes, for
thereliefe of the diftrefled members of Chrift; No^quoth
he)tbatye/bould be ftreightned^ they abound.2 Cor.8.13^
j; The will of thofe who firft contented mutually to
divide the earth into particular poflefftons, was certainly
fiich as receded as little as might be from naturali equi-
ty : For written Laws are even now as neer as may bee
to be interpreted by that; and from hence it is, thatia
extreme and defperate necefsity, the ancient right of u-
finp, of things, as though they had ftill reman d in.com-
common,is revived. 'Tis necefsity which makes Laws,
and by confequence ought to be the interpreter of them
afcer
(14)
after they are made. Hence flowes this legislative rule,
Leges human* obigant utifaBafunt, fcilicet, cumfenfu hu-
man* imbecillitati*. All Admiralties judge this equall,
That if provifions be°in tofailein afhipatSea, every
one may be fore t to bring out openly, what hec laid in
for his paliage in particular, that lo all might befpent in
common : by which diftributiqn it may happen, That
they who laid in ten times more then any one e lie, ihall
have but an equal! (hare with -he reft. In like manner
when the Sea breaks m upon a Country, we may dig in
the next grounds to make a bank, without flaying for
the owners permifs ion. In fuch cafes of necessity, hu-
mane Lotos donotfo much permit, as expound their natu-
7dll equity* and that which men give to thofe who are lb
innocently diftrefled, who borrow life onely from the
fhaddowes of death, Et pitta fe tempe/iate tuenturs is not
£> properly a charity to them as a duty ; and if hee bee a
Chriftian who gives, perhaps he doth more charity to
himielfe then to the receiver.
SeB. 4. The reafbn of this Chriftian-charity or com-
munion is as far re above the naturall, asChritthim-
felfe was above nature; This requires an equal! bea-
ting of all pulfes, that as follow members wee have a
bomogeniall fence and palpitation. By the Rivers of Ba-
bylon every one fat downe and wept, and all their plea-
sant Inftruments hung together on the fad Willowes.
Every thing mourned alike for Orpheus when his
torne limbs and his harpe were thrownc into the Ri-
ver Hebrte.
O vid. — — Caput Bebre lyramque
Bxcipis, & medio mirum dum labitur arnne
flebiie neftio quid queritur Lyra, flebile lingua
Murmur at exanimk, respondent flebile rip*.
Wee are to divide a cruze of ovle and a few hand-
fulls of meale with one of Chrifts flocke, with ana-
bandon d creature , to whom.
Ne quickquamfundofuftirat nummus in into. Pe'r/ius.
And iurely the violation of this Jus charitatis is no lefle
then theft in thofc who being of extended fortunes never
de.
(i5)
defalcate a Gibeonits cru/i perhaps for a wandring An-
gell. Thefe fteaie even the fhipwrackt mans pi&ure
from him, which as his whole inheritance hee carried
at his back to move to companion, and by the invaria-
ble Sea of their Avarice and Luxury they wrack him e-
ver again at Land.
But this free Primitive communion had and hath its
bounds and its quantum in Contributions, as well as the
Naturall ; otherwlfe it mi»ht be fraudulent and thee-
ving: For they who pofTefle but a little would contri-
bute italic on purpofe to fhare equally with thoie who
pofTefle very much ; which would introduce a vilible
decay and ruine in all ; as Tiberius rightly obferved up-
on M.Hortahts his petitioning the Senate for an almes
for Augujias Cafar'sikkc : Intendetur itujuitfocordU hn-
gufcetindufiria, finullm exfemetm aut fyes^fecuri
ornnes aliena fubfidia expeBabunt , fibiignaVi & nobis gra-
ves. Tacit. IdlenefTe would encreafe, and induftry lan-
guid*, if men (hould entertaine no hope norfearefor
themfelves, but iecurely exfpedt other mens releife, idle
to themselves, and burthenfbme to us.
Wherefore in the midft of thatPrimity Communion
we'ftnd mat the Apoftles went <Domatim fromhoufeto '
houfe breaking of bread, therefore they even then re- !
i tain'd by their houfes in property : which property is fup-
pos'd by the Eight Commandment, as well as it is by
Chriftian charity : For no man can fteale> but by inva-
ding the right ofanother: and as for charity icisnecef-
fary he have fbmething of his owne to be able to fulfill
its commands, and to make a dole at his doore: And
it is very convenient that he give it rather with his own
hand, tnan by fbme publique colle&ours, For Cbarity U
heated, mofl y^itb tbe fence of its oifine attion, Mat. % II«
Moreover under the Law Jews were commanded to
love one another as themfelves, yet this command took
not away property then, therefore it takes it not away
now. Notwithflanding we owe the ufe or M/w/n«i# p£
our properties to the diftrefled, though our felves beeaC
chefaotfumeindifkeflej jult as we« are commanded
by the peril of our own lives toendevortofecureour
Neighbours lire ; which is yet a charity more tranicen-
dent then the other, by how much lirc'is above lively-
hood. Though Mites punifh thole who out ofmeer ne-
ceflity take fomething out of another s plenty, yet that
proves not the ad to be a iinne, or repugnant to equity
or conicience, but rather repugnant toconveniencyof
ftate, kit thereby a£»ap might be laid opentoLiberti-
hiirne. Reafon of ftate we know considers not vertue,
fo much as publique quiet and conveniency, or that
right which is ad alter urn.
5. Wee will now confider thofe things T*hkb are
Cods; which yet are not his in Rich a ftri6t rigorous
fcnfe, but that they lye open to the exceptions of our
juftn.ceflityes. Hence that which is devoted as a fa-
crifice to him in cafe of necessity may bee made our din-
ner; \vitnefle2><rtw/$a<ft: Wherefore the confequence
of our Saviours anfwer was very ftrong, when he de-
fended his pulling the eares of corne in anothers field;
That if it "tods UMull for David in hisnecefsity to eat that
Vread y*hicb "bas provided for the table of God, then hoi*
much more V>as it la'tofullfor him and his Apoftlcs in their ne-
cefsitiesto take a refrejhing out oftbattobicb belong d to man.
The Canon i a w faith, That i f no other means can bee
found, the Vejfels of the Altar may be fold to redeeme
thofe (bules who are inthrald in muery and captivity :
and is there not good reafon for it ? feeing they (erve but
for the foules of men, and therefore the ioules of men
are precioufer then thev : Yea, the facrifice it felfe to
what end is it, but to obtaine a ftate of piety for us .<? Sed
nifiviVamMpicViVere nonpojfumm. Exzi.
CHAP. V.
■
t ...» ■ ■■* ' ' - ' » ' ' * ' ■ ■ ' • — ■■
Chap. V.
TheOriginall of Property , and of the in*
tailing the parcels of the Earth in partial
lar property es.
£i. Whether the earth and its fruits benowufitrptby
their Poffeffors ?
2. Whether the Rights QV$r Perfons be now ufurpt °i
3. Whether fervitude may be perpetuall >
4. The Civill flate how it perfects that of Corrupt l$a«
ture.
5 . Whence thefirfi right of thefirfi dividers ?
6 . Inequality caused Property.
7. Wherefore the feller among the lews, gave hit [bode ti
the buyer jn the alienation of a Poffeffion?
8. That which bath not any markg of one mans Property 0
lyes exposed to any mans,
9 Of property in Paradice ; and how the command for-*
bidding eatings was forbidding ftealing.
•10. The fimplicity of thefirfi orPythagorianfood required
no Property.
1 1. Abraham recorded for the fir ft Proprietor, the fir ft
purchafer with money, and drejfer offlefb which was for
Angels*
1 2. Poverty and Property confident in the fame flate.
13. Wee have no Right of Nature to recover a State of
Nature,
14. the difference which is betwixt a right ofNature0and
a State of Nature.
l%.Tbe difficulty of maintaining a State ofNaturt.
16. A fmple Naturall fubfiftencs may be had with out di«
fturbing my State*
C • ' ij.TH
(is;
i y. The advantages of tbe ricb, are but advantages of
Opinion,
18. Vypyfome ought notprofeflly till tbe eartb, and yet
bavejub/tjience by it and tbe fames of others.
AS reforming powers in all Ages make it their chie-
feft worketo take down the greateft ColoiTule's,atid
what ever elfe might be ombragious in the excrefeencies
of Civill Pomp; fo fomeothersof this Age, by a new
Art of levelling, thinke nothing can be rightly mended
or reformed, unlefTe the whole piece ra veil out to the
very end, and that all intermediate greatnefle betwixt
Kings and them, fhould be cmmbled even toduft,
where all lying levell together as in the firft Chaos,
Spades oughc to be put even into the hands of thofe who
were heretofore adorned only with Scepters. If the one
reje£t the O ffice of Kings here a nylongcrthe other will
not allow their Effigies on coyne : So Tyrannicall a
thing they conceive it to be, that they to whom God hath
given a S un and an E arth to produce iubiiftence for all
the world, fhould beexe'uded from the fruits of tt, un-
lcffe they have fuch ametall, with' fuch a marke to
buy thole fruits afterward of one anothers; or that that
which hath but a valew of Opinion, fhould be made the
valew of all reall necefTaries. They plead, diat he who
buyes, and he who fels the earth to a fellow Creature,
removes the Land-markc from a third perfon, to whom
the fame Land belongs as well as to the other two, by
which defraudation, hee, the third man, is munhered by
them, from whence come all the great mifchiefs of Pro-
perty , and of Law which defends it, under both which
the Creation groanes.
Stci.2 As the earth is ufurp'd thus,fb are(fay theyjmens
perfons : For the Law enflaves one fort of people to a-
nother. The Clergy and Gentry have got their freedom,
but the Common people are ft ill fervants to work for the
other, like Ifraelites under Egyptian tasksmaffers ;
Whereas all the other Creatures feare andferve us alike;
becaule they fee the fame Image of God in usalike,
whofc
whole fun likewise fhines upon us all with cqualldif-
peniation of his rayes,
3. 1 wonder not lb much at thisfortofarguing^asto
find that they who ha v e luch fort of Arguments in their
mouths, (hould have fpades in their hands : for they
contcinc the mo(t intricate points of the Conltitution of
fbcietyes^ofthe Lawes of Nature and Nations. It is a
qucftion which hath non-plufl many (' who define juitice
to be a conftant intent to render to every man that
which is his own ) How a thing comes to be C riginaliy
another mans own or Property/ It hath been a com-
mon argument agaiuft Tyranny (which hath likewile
pretended old Conquefts and compacts ) that the rights
which we have in our 'Perfons, could never be alienated
in an unrcafbnable flavery for ever; Yea there was a
yeare of Jubile for the freedomeof fcrvants : Evenfo
lay they concerning the naturall right we have in things,
they cannot be alwayes alienatedinfuchaiervicudeto
others , as thereby to invoke us necefrarily in diftrucli-
on
4«Tho the precedent Chapters have treated Efficiently
or the rights of perfons andofthingsma State of Na-
ture, and how necerTarily they came at firlt to be impfo-
priatecL and how equitably they are now continued in
the pofkffion of thole to whom they are confix ned by the
Donation of others , and maintein'd by the equity of
J aw, all which is juftified by the Sripture it lelfe :' yet
I (hall here examine the bufinefle further; And in the
firft place I can fee nothing which (hould make thole
perfons wifh (b much for a returne into a (tare of Nature,
as the fimplicity and charity, which they fondly fuppofe
is inleparable from it, and to be found no wnereelfe.
For good Civ illftates are not contrary to, but makeup
the perfection of the natural!, St. Taul himfe'fe Itilcs
thole who were lefle civiliz'd than others, Barbarians.
Not as if thfre were not faults too bad in either ftate, but
they are not to be attributed to the ftates thcmfclves; on-
ly where there is lefle fociety, there mufV be lefle" huma-
nity; and they who lead depraved lives in woods, are
C 2 like*
(20)
liker beafts than men, and they who live fb in Cityes,
are liker Devils than men, which is a corruption of the
nobler part, and therefore of the nobler State. T ho our
Luxury be now great in glorious Palaces, yet the woods
&Caves of old were not free from it,naysthey who were
moft addidted to it among them were afterwards made
their Gods : and I know no Art which was brought
outofthofewild woods into Cityes , but that of mak-
ing Gods and Idols.
Quis tamen ajfirmat nil attum in Montibm^aut in
Speluncis > adeon' fenueruntlupiter & Mars t Iu vc.
The Senate *>f \orne and the people had anciently a
{n ;- , - 1 great controverfie about the Property
were taken from their enemies neare^ow*?, at the ex-
pence of the Peoples blood, and it came to a feceflion,
after which the People were necessitated to returne to the
Towne againe, and to the (ociety of the Senatours ;
Here was a controveriie not of Property or no P roperty,
but concerning a proportionable partition of an acquisi-
tion ; A plaine dovvne right demanding a retume ad tit-
guria for all againe, I think was never heard on before
nowinhiftory.
$;. Here therefore I {hall begin tofliew the firft right
which the firft dividers had to the firft Property.
Some think this is lufficiently proved thus, That the
O tiginall right of Dominion is derived to us from him,
from whom all things derive, and thus ( fay they ) wee
have Dominion in the earth. In the next place, that
God is the Author even of diftinc/r, Dominions, accord-
ing to Vcxt, 32. 8. When the mojl high God divided to the [
nations their inheritance, "token he fcparateitheSonnes of
Mam, he appointed the borders oj the people accordingtothe
number of the children of Ifrael. But all this proves not £
distribution made by God to every particular fonne of
rfdam,nov to every lingular child of Ifrael, but collective-
ly as Adams fans were divided into diffincl: Nations, and
Ifraels children into Tribes, who received from God die
Diyifion for the Tribe in groffc onely, ajidnot in par-
ticular,
(21)
tkular, Although it was eafy for them to aoree after-
wards even in Angular partitions or compacts for fob-
fifting one by another, who alwayes had God and his
Prophets to counsel! and command them,
6. Wherefore I rather conceive that in a ftate ofNature,
and where families met confuiedly, they participated in
a Community : W here Z9(Par in parent non kabuit potefta-
temy ib I conceive that inequality perfectly bred domi-
nion, and that Property; It being but naturall, and no
injury* that in a ft ate where there is no mutual! obi iga-
tion, the inferiour in force fhould give way to Him
mat is fo much iuperiour. This neceffarily breeding
feare in many, could not but breed generall compactor
conditions for fecure neighbour-hood, -and for holding
what was frrft laid hand on, though in unequall parts.
Probably heewhoby power oveawed other mens per-
fons, afsign d them their portions ; yet this follower
not, but he the rTrflpoiTeflbur ordiftributerhadwhat
he had, firft by Occupation. And in this manner Kim-
rod probably was the difpencer of the fortunes of his
, followers , as our Conquerour William was of his here,
of which tenure there is 1 ufficient evidence ff ill.
7*. In the former Chapter I fhew,dwherefore/oJ//f/j/a
was ib called h pMtione pedis, for a mans taking up a
• place ordiftinft diftriclf for himfelfe, as the firfr right
and tenure from whence all the reftderiv'd toothers
afterward.For which reafon poMibly the cuftome was a-
mong the Jews, when they alienated anypofleisionof
Land, that he who fold it, pulld off his fhooe, and gave
it to the buyer, thereby giving him fymbolicaily his
pojitio pedis or poflelsion, as tityth^j. The ufeof this
cerenK>ny in a different occafion , <Deut. 25 . 9. difproves
it not in tnis; for this was their ancienteft ceremony . and
. therfbre mujft needs derive from the ancienteft contract,
which was this of poflelsing particular lands, and being
the ancienteft, might be drawn into ufe for other things
afterwards. Befides, in that cafe where the kinf woman
untyesthe kinfmans fhooe ( with reproachful fpitting in
his fac;e3 became he would not marry her to raifeup kcd v
C 3 unto
unto his Brother ) That might fienific the denuntiation
of a curie, 1>i%. that he might be difpoffeft of his for-
tunes^ &c .
8. It is a good rule of I aw, Qtwd tttum non efl, id fcive
debes ad aliu7npertinereybutt\\is relates to a Civill ftate af-
ter a meum and tuum are acknowledged; but in the other
ftate, meum and tuum go together; or rather all men
there having equall rightto all things, there is neither
meum nor tuum for any. B y the diffolution of things we
may fee their Competitions, and if we will read our for-
tunes backwards by our misfortunes , there is a Mari-
time Law concerningfhipwrack, which will convey us
clearely into this firft right of acquisition, Intutufragio
quod qui/que ferVare potejl , fibifer\>et. A de leg, $(bo.
VVhatfoever any man can fa ve in a wrack, it is his own;
becaufe he at that time pofleft himfelfe of it, when it
•was loft to the owner without hopes. Moreover the
Law faith concerning things which are loft , that if they
be things which beare no particular marke of the pre-
ceding owners property, (as a (hilling which is alike
with all other (hillings ) in fuch a cafe it is not neceflary
to c?.rry it to the Cryer to know the owner of it ; but if
a. purfe of money be loft, that ought to be carryedto
the Qyer ; becaufe the purfe beares particular markes
for a particular owner : as if in the acquifition of a pro-
perty, injury could not be done to another* where no
man had acquired property before, which is the cafe of
firft impropria tours in Occupation.
9. When Adam was alone in the Garden of Eden, he
was in a (fate of propcrty,for of one tree thereof he might
not eat : fo that his firft fin was a fin againft property,and
therefore theft, or at Icaft a fin of A mbition by theft ; as
Ambition ever fince is maintein'd by ufurping (bme o-
thcr thing aJfb which belongs to another. For that rea-
fbn he hid himfelfe as fearing to be punifh't for that theft ;
as if Gods command Thou (halt not eat,had been Thou
fhaltnotfteale. If Adam had not had enougfi without
the allowance of that tree, he might have pleaded as
Sto^did, wheaheeateoftliefaaifice or fhew-bread.
jo. How
(23)
io. How full of fimplicity the fTrft Iife.was, and what
little need they had then of ihift property, is apparent
byanoldLawfteglandelegenda, for gathering of A-
cornes, where by Aconies the Law underfimds ali fruits,
as if thofe had been their cheifeft food, as I am wiilin g
to beleeve they were , not onely by the evidence of that
I. aw, but becaufe I find l*>enal Co exprefle it.
EtfiEpc hoYridior glandem ruttante marito,
The rude Husbands then belfh t Acornes through the
greedinefle of eating ; and they thought they might bee
beftnourifh't by that tree, out of which by poeticall
fiction they thought they were firft made, as Virg.
iaith.
Genfaue Yirum truncis, (s1 rupto robore nata*
1 1 . But to rename to Argument, we find nothing I con-
ceive mScripmre which intimates the abolition of this
Pythagorian life, till Abrahams time, in whole houle (for
ought we know by Scripture ) the firft feeding on blood
was, and that by Angels, for whom he killd his calfe;
By him likewise we firft heare of property and of mo-
ny, with which he would needs buy Ephrons field for
the buriall of Sarah even when he was preft to take it
othefwayes. But if property had been a fin, he would
not have acknowledged it fb peremptorily as he did to
- the Hittites ; and thereby have confirm'd it to them.
God gave tjie I and of Canaan to thelfraelites in pro-
perty : and the reafbn wherefore one Land may bee
in property to one people, diftinft from the intrenche-
ments of any other people, is the fame in proportion,
wherefore one Acre mav be diftin& in property to one
iingle man of iiich a people. They had the J udges in the
gates to Judge of this property, and we know what
fentence was pronpunc't from Heaven upon a King ,
for uftirping the property of a private mans Vineyard,
therefore Law and property are no fuch burthens to the
creation.
12. Tftat fbme faultlefly lead indigent lives in a
ftate* is no argument of Tyranny in Property, but of
ike ill life of it. 2>mM5.hi. Godfaith, becaufe there
Chall
f*4)
fhalJbeeverfomepooreintheLand, therefore I com-
mand thee to open thy hand to thy brother, and LeUt.
39. o. When ye reap the harveft of your Land, you
fhall not reap every corner , and thou {halt leave fome
grapes in thy Vineyard for the poore and the Stranger.
12.0b. Here it may be ob jecl:ed,that if it be consonant
to the Law of Nature,that tfc tenure of things lhould be
fuch as they now are, then there is no ne^eflity lyes up-
on us but that they may be attempted by the fame Law
to be recovered into the lame naturall ftate, which is a
ftate of Community.
Avfto . I deny this confequence,fbr as it is confonant to
Nature that my fhare of fubfiftence which waVbe-
fore u ncertaine , fhould be now h" xt, fo is it as neceffa-
rv that the consent which others gave to this at firit,
fhould ftand fixt, especially if there was no obligation
till that time, as ourmoft learned Selden faith, dejure
na. (ygen. admen. Heb. Idebligatguod eft ex officio , quod.
Legis e(l; but the Sanction of a Law luppofes the nullity
of a State of Naturemot of a right of nature.
1 4, For they who fo object fhould confider,that there is
a great deale of difference betwixt a right of Nature,
and a State of Nature. I have aright of nature to live,
but not in a State of Nature, became others are notob-
1 iged, out of confederation of my wants, to foregoe all
their rights , as they muft if they will returne to Nature
as to a State : Moreover I who am now fattened to a
Civill Rate , have a right of Nature to do or not to doe
fuch things as are not yet cautioned againft in Law, and
are honeft ; but yet thereftraint which Law and Socie^
ty hath on me in other things, hinders me from doing
the former as in a State of Nature. Nay I beleeve though
{Potior eft Con-'l moft werewillingto returne into a ftate
ditioNegantk.Sof nature, yet in juftice they ought
not, it there bee any of the fame fociety who di in-
tent from it. For in a Negotiation of partnerfhip
where mony Art and toilefome induftry are by free
content mutually contributed only for a fuch a particu-
lar negouation,thej:e the Major part cannot redraft what
they
(a?)
they have done, nor recall all during the time of this ne-
gotiation, to undertake as they think a better other-how
'and elfe- where, quiain extr emu potior eft conditio negantis%
and thefe difsenters conceive they {hall be ruined if they
change from this to that.
1 5.They who would live thus brutifhly in mecre Na-
ture, have not yet confidered that to avoyd Law, they
muft live in perpetuall war, ( there is no fuch thing as
Saluspopuli, or protection there ) and that they can never
find a way, how the fruits ofthe earth fhould be kept as
a Common ftock, and be equally diftributed andfpent
according to the equality of worke done, whereby eve-
ry one ought to have his Quantum ; neither have they
coniidered who fhal take care for the fubiiftence of thole
who by infancy, impotency, and accidents , cannot
work nor provide for themfelves : whereas the inequa-
lity or our being and coming into the world, makes a
neceffary fbciety of impotencies and potencies , and (6
confequentl y of riches. For if the Strong ion dye who
{hall looke after the weake father, &> Vice Verfa)
16. If a naturall proportion be all which is aym'dat'&;
no discontent out of Companion of fortunes Jit is a mans
owri faujt if he finde not that in any ftate; becaufc nature
is contented with a little, and few wild men live Co well
• as our beggars, which even makes moft inieriour peo-
ple in a {fate, feare confufion.
17 By this argument there is no quarrell to be made
with thofe who live foftlyer than others, as doing them
injury thereby;fbr their natures receive no advantage by
it;nay they are unhappier than the pbore, becaufe they
cannot want fo many things as the other can, & are more
(harply punifn t for their delicatenefle- Plowmen being
rarely rack't with gouts, tormented with petulant con-
fumptions.the ftone,or the like.Hee who in a Civill ftate
> hath many fervantsto attend him,& to give him the opi-
n ion of greatneffe, yet his perfon {pends no more in a Na-
turall way,than any of his fervants doth; who al of them
have naturall Subuftences by him^ which is all that is
inqueftionhere,
18. More-
(26)
i8. Morcorcr the laudable condition of Come {6 ft of
people is,notto work at all. For, that the mind may en-
joy its contemplations, and thereby receive a culture for
ipiriaiallfboclcto be diftributed to others afterwards,
(who thereby enter into a Society with God and holy
Angels) thete muft be provided for by others, as the Le-
vites had Tithes, and Saint Paul faith, the workeman
ought to have the price of his h-yre. Thefc muft bee free
from earthly toyle, as Setb likewife was when hee
buift his Pi liar of Arts and Sciences; and as Koabwis
whil ft he built his Arke, and as Bierom and Solomons fer-
vants were when they were building the Temple; For
which zeale God gave him gold and filver as (tones in
theftreet ; which as it wascalld a bleffmg to him, fo I
fhall in the next Chapter examine whether it be (as fbme
now argue) a curie to us.
Chap. VI.
Of the nature of Mony s its Civill ufe and
Valew.
£.i. How Commerce is new made equivalent to natural
Community.
2. Whether money be onelyfit to maintaine the trade and
credit of Vice?
$. Whether Abraham cbofe to acquire a property by money?
4. Of tbeNaturall and Inflrumentall meafure of the value
of things.
5. How mony is e quail to all things.
6. Money is for buy ing0 and binders not but helps permu-
tation.
7. Money the inftrument of foarity and facrifices as well
asofourtTecefsities.
6^3^ K^Oney is one of thofe things which they who want
J,T-*wanc al other things but words to reproach their bad
fbrtuncBudome times it is die policy even ofragges and
Pover-
O )
Poverty it felfe,to undervalue that which it cannot have,
& to convert that which it hath ( though never fo meane)
intoanefteeme; and then to Lodge as much pride in a t
Tub, as Alexander could in a Palace, tho it could not
tempt him to a change of condition.
Nil babet infelix pauper tas durius infe
Quam quod ridiculos homines facit.
No wonder therefore, feing rich men will be obfti-
nate to hold to their advantages, that defbrmd Poverty
(which mixes with them in the fame frame.as a fhaddow
to fee offtheir colours the better ) would have the rich to
defcend; to them, in which equality they fhould findc
nothing of reproach. Though it be demanded lowdly
enough, yet I fhall examine Quo jure it is, that in a
State where I(tngs are layd afide, %egvaa pecunia fhould
likewifebedepofed.
i . I grant that we all live by the Naturall or intrinfique
value of things^but the way to come by them,is onely by
an Inftnimentof Civill value, which is money.Infteadof
Community therefore we now have commerce, which
Commercium is nothing elfe but Communio mercium ; But
com/nunion muft needs bee by the meanes of another
thing* that may beare equal! proportion on both fides,
which is money only, as fhall afterwards be fullier .
•fho wne; For I fhall firft heare and fatishe the complaints
tj*at are made againft it Co impatiently.
Where there is great Luxury, there muft bee likewife
great Induftry to maintaine it, & therefore the Induftry
of this Ci vill State.muft be greater than that which is in
the fimple ftate ofnature;but what is there here tobl ame,
feeing induftry, no more than plenty is in itfelfe a firmed
Objett. It is the anfwer of envy or Ignorance.
Qrimaperegrinos obfeana pecunia mores
htulit.
2.Mony is that fay they which maintaines the trade and
credit of Vice, if that were taken aw ay, we fhould looke
after nothing but Neccflaryes, which arc virtuous. It
makes too nice inequalities & diftances^ndisnotfig-
nificam enough in dicbeftthin§s;fbr all the money in the
world
(28)
world is not really worth one penny loafe, which is
convertible into our Natures andiubftances.lt ferves on-
ly to aflure fortune, but not Virtue ; It is accepted as the
wiea&re of all things Naturall, Morall and Divine.
ForJIonour is nothing according to Arifht. (Pel. but
ctpx*/©- takt©% ancient riches: and in Moralls Virtus
pofinummos : This in religion breedes that root of all
cvill, CoveteoufhefTe ; For in a fimpleftate of Nature,
neceffrry things muft needs be ipent within a fhorttime,
and the rcturne ofthe Sun brings a new fuppl y and a trea-
{Mona. ? furegreater than that of the Indies, of which
H,fp« fCampanella /aid we!,That it was got in blood,
failes home in a fea of blood, and never refts till it be all
laid out in blood j This was that which was made the
price of our falvation, even of the blood of our blefled
Saviour, thirty pieces for that which was worth 30000,
worlds; but in the religion ofthe firft times,
~— — Kullo YxoUtm Inciter auro. Iuve.
And if this had not beene brought into the world wee
fhould not have 16 much to difcount for at the day of
Judgement. Why therefore fhould that which is cou-
demn'd to the obfeurity ofthe earth, and lodg'd ib rieerc
Hell, now be made the price of all that which is above
the earth, even h folo ufque ccelum? or why fhould we bee
excluded from the gifts of nature , unleffe we firft have
thole of fortune ? Is it not then more reafbnable , that
rich men lofe this inftrument of Luxury, than the poorc
fhould loofc the neceffary meanes of their fubfiftance.
Anftoer. This is the plea which is made in forma ptu-
ffris & dc ipfapaupertate, which hardly ever was before.
But in the hrlt place I defircto obferve ( as is above )
That neither the ftupid Simplicity ofthewoods,nor pover-
ty it fclfe a re any part of Virtue, and therefore are not
reckoned blcffines, as Riches were to Solomon ( hec who
built Gods firft Temple, and put his Religion in lufter,)
and as they likewife were to Numa from whom money
was called 'Rummus ; he likewife built the firft Temples
at mpme, and kindled the firft Veftall fire, (FJerocem po-
ftdum dwummUii mitigeftit*
3.Wc
( 29 )
3. We know how God convers'd with Abram^ho wa»
the firft that had mony& made ufeofit to buy a property.
It is true, they with who he inhabited called him a prince
of God, out that was no argument to him to difbwn their
properties, but for the contrary, left they fhould think
that (Dominion or a right to things was founded in grace.
But to defcend more argumentatively into thereafbn
and necefsity of this kinde of Meafure, I fay,That money
is like a Law or a Government which are all conftituted
by the fame extreme necefsity, and therefore thecoun-
fciting or attempting to deftrqy any of theie by private
meaies is every where Trealbn.
4. This meafure is two fold, either naturall or Ci vill,or
rather naturall, & the initrument which exprefTes the na-
turall by equal! permutation.The natural meafure is pro-
portioned either by want or plenty. In want we coniider
whether the thing be ufefull or necefTary. Things which
arc necefTary are Deft, but of left price, as a lofe of bread
is more necefTary, but infinitely cheaper than a Diamond.
One man hath hatts, another fwords ; thefe two pofsi-
bly have no neede one of another, and therefore there
will be no permutation betwixt them ; but if one had
neede of another, then he who were moftpreft, would
come to the price of die other,and therefore want or plen-
ty is the meafure of cftimating things,and is the bond of
fociety, wherby alfb one man fhewes he isor may be ufe-
full to another;& nature hathfo ordered it , that no man.
is fb rich, who hath not fome neede of the poore, and no
man is fo meane and abject, but he may beefome wayes
ufefulltotherich.
5. The Civill meafure,or rather initrument wherby the
naturall exprefTes it felfe, is money which hath but a feig-
ned value, and therefore it is fometimes higher and low-
er in cfteeme as men plea/e, which couldnot be if its va-
lue were naturall, which is unalterable. Money is like
the mi4dle tearme of a S'yllogifme, of which it is (ayd,
Ruee conVeniunt in tertio conVeniunt inter fe^zs for example,
ifl have cloath atfuch a price, and you have a quantity
ofCornc at the lame price, then wee regarding the fame
price
(30)
price may make an equal permutation; or if I give to you
a piece o* gold for your Corn at the lame price, the fale
is equall againc. Whether it be an inconvenience that in
iome Countries money is at fome time of a higher value
than at another, is not a confi deration of this difcourfc,
for the price of things thcmfelves change more than any
monydothdaify.
6. Money is an invention oncly tor the more
expedite permutation of things^ but it doth not fol-
low that men may not make any permutations but by
money, even as well now as if we were in our Natural!
State. Ifthey who dig now in wafte hils had their harveft
of their beanes well gathered in, but had neede of wine
for the ftomacks fake, or ofdruggs for healths fake,if the
Vintner or Apothecary have no neede of beanes , what
ufe will they make of the naturall value of their beanes
without money > or if neede were, what would they doe
till their beanes be gathered ? money therefore hinders
notpnrmutation and commerce of naturall things, but
alsiftsthem ; nay it is therefore an inltrument ofinftru- ■
ments. For he who hath money, may buy things which
he neede not uie, but fell ; thereby to get other things
afterwards for his uie. There are no people io barbarous,
but have money,or a publique intf rument of permutation .
either in Metalls,or Fifh bones, &c. For it imports not
io much of what matter it is, provided it be durable, not
counterri table, and difficult to come by.
f. Take away this fungible inftrument from the fervice
of our necessities, and how (hall we exercife our Charity,
which is a branch of Religion and Jufticc, as well as of
Humanity * He who goes to Church, pafTeth as it were
through two Temples, thepoore at the porch, and the
Temple itjfelfe, and the giv ing at the porch is called fa-
crifice, oftering, and gift, as well as that at the Altar.
God would beiacrificed to, onely in one Towne of
the world, lerufalem : But how could that have beene, if
money and money-changers had not beene allowed?
How could they who came from fuch remoteplaees,
have by any other meanes brought their Oxen, Calves,
Goats .
(3i)
Goates, and Doves to the Altar? If there were no-
thing ftrmertofthew, but that one piece, which ourSa.
viour himfelfe coind miraculoufly in the mouth of a fifh,
it were Argument fufficient, that the ufcof monymay
be both good, ;uft> and Neceflary.
Chap. VII.
Concerning the parties(juft orunjuftj which
by the variety of fuccefleinCivill Warre
command us and our fubfiftence, and re-
duce us to thefe extreme neceflities.
Whether forajuftifiable obedience tothem5
it bee neceflary for us to aflure our felves,
that thofe parties have a juftifiable caufe of
Warre, or right to command us ?
i. ■ 1 n
£ i. Wherefore difficult for us to affure our confeiences in
the f tints of right.
2. Whether Frefcription make a right >
3. A caufe of Warre depending on a matter of fa&> not a
certaine way of confirming us that we lawfully obey.
4. War re for dominion and for pojjcfjion.
rP Hefe things being thus ftatcd concerning our owne
**■ perfbns , the lawfulnefle,. and tranfeendent right
which we have both by God and nature in our felves
and that which is ours, yea and in cafe of extreme mi-
sery in others things alfb, above all thofe rights , privi-
leges and obligations which others may pretend upon
us ; I may the eafilier defcend now into the bottome of
the queftion,and fpeak to the maine panics whether Juft
orunjutt, who by the variety of fucceffe, may one af»
ter another command us and our eftates, and in both re-
duce us to the forementioned extreme neceflity : In wh ich
condition or confufion tbc queftion is What is law&U
for us to doc? I
HO
Ifindcthatmofthcrcfcckto iatisfie ,'their fcruples in
{carching, Firft Whether thofe p Arties h&M lab full potter
olfer us or no > That (o finding the Irfbfulnejfe of their right,
they may be ealilier aflured of the Urfnlnefle of their
dime obedience. Secondly, In examining the caufe of their
Wanes, whether it be juftifiable or no i They fuppofing,
that ifthe caufe be bad, all effects which have any de-
pendance on it, muft needs be fb too. I conceive that
thefetwoconiiderationsferveonelyto adde to the per-
plexity of a mans confeience, and are not neceffary at
all for us to be informed of.
Sett, i . As for the point of fyght^it is a thing al wayes
doubtfull, and would be ever disputable in all King-
domes, if thofe Governours who are in pofleflion (hould
freely permit all men to examine their Titles ab originey
and thole large pretended rights which they exercifco-
ver the people : And though this parties Title may be as
good or a little better than that patties, yet a man in con-
science may ftill doubt, whether he have Limpidum
titulum, a juft title or eleare right, efpecially in thofe
things which areconftitued by fb various and equivocall
a principle as the will of man is .
. Be(ides,moft Governours on purpofe take away from
us the meanes of difcovering how they come by their
rights : Infomuch, that though they may really have
that right to which they pretend, yet through the ig-
norance we are in, of what mavbee omitted in their
hiftory, either through feare, flattery , negligeace or
ignorance, it is dangerous for us upon probable hu-
mane gounds only, to fwetre their infallible right, as is
fhewed in the following treatifc of Oaths. Upon this
ground Tacitus faith well, Tiberi] Caijque & Clattdijae
rleronis res, florentibm ipfis, ob metum falfie ; pofyuani
occiderant recentibttsodiis compojlu fait. And ifthe paf-r
ties rights be b:it one as good as anothers, than his is the
beft who hath poffefsion : which generally is the ftrong-
eft title that Princes have. A whole Kingdom may
be laid wafte, before ;it can be infallibly inform'd con-
cerning the parties true rights which they require men to
dye for,& to ayovv by oath* 2 ♦ As
(33)
. 2. As for prescription of long time, every mans con-
feience is not (atisfied, That that added to poflefsion
makes a true right. This we know, that it conduces
much co publique quiet ; but the Canonifts maintain
jtagainftthcCivjlianS That prefcription uponanunjujl
beginning & ex titulo inhabili, doth by its continuance of
time,' increafe and not diminijh the inju/lice and faultineffe of
'the Act : For the Iapie of time cannot change the morali-
ty of an A it : It is no plea in Divinity to argue the pre-
scription which finne hath on us, as an excufe : A Lie u ah
moft 06 old as Truth ; but there is no prefcription againjl God
andTrutk This concerning the point ofRight.
g. A s for the point ofFatt on which we would ground
matter of right , or a jutfijiabie caufe (U%\ that fu ch or
fuch things have beenedone, or plotted, or advis'd,
therefore the other party mav lawfully doe this or that )
that we know is without end ; and ever is perplext and
difficulc to have r^erfeA Intelligence of, efpeeially fuch,
as a man may fafely venture his own life, or take away
anothers upon it. Wherefore if we may reafbnably
doubt of the point of Right ( which yet is a more cleare
and uniform thing) then we may be more reasonably
perplext in the ftory of Fact, which depends on fb many
Accidents, io various circumfiances. both in its princi-
? pie ( the will,) in its exiilcnce,and in evidence for the in-
fallible knowledge of it.
From hence therefore I conclude, That we may in
this great cafe eaie our felves of this vaft perplexity in
examining whether or no the invading party have a
juft title, or caufe, or no? or, whether he have a jufter
then he whom he oppoies ? But here I defire to be right-
Jyunderftood; For I offirmethis, not as if the know-
ledge of a!l this were not very convenient, and much
tobedefired, but that (as it isalmoiHmpofljb'cfbrus
to have, io ) it is not neceft ary for us to fearch after ; ex-
cept hi one cafe ( which comes not oucof the hiitoricall
occifion^fthisdiicourieJ W^. In aisihfting to the be-
ginning of a Warre. Thefe Negatives fhew onely what
wc need not ground our conferences on, in order to a
(3 + )
Jawfull obedience ; but it muft be a pofitive and a clcai;
principle which we muff ground on, if we would bee
warranted of a juft fubmiision to the orders of one who
commands us perhaps unjuftlv. For it is a matter which
conccrnes the miiery of others who never did us
wrong.
4, There is a Warre for Dominion, and a Warrc
forPoffefsion. If it be for Dominion, we may contri-
bute our Money, Armes and Oathes, to the expelling
perhaps ofan innocent Family : If" it be for Pofleision
( which is the worft) then it is for the flavery of thou-
fands of Innocent Families: And before either can bee
compafs'd, we may affureour fclves, that thoufmds
may be as innocently kill'd by the means of them who
contribute to the ftrengthning ofan unjufr party. But be-
caufe I ftate this queftion in a Warre already form d,and
actually introdue'd upon the people, therefore in an-
fwer to this pofitive demand, I as pofitively fay, That
for a justifiable obedience, it is be ft, and enough for us to
confider, Whether the invading party ha\>e us and the meanes
ofourfubfijlence in hispojfcjfion or no i
Chap. VIII.
To affare our conferences of a Iuftifiableo-
■bedience during the confufionsor revolu-
tionsof Warre, it is beftand enough for
us to confider3 Whether the invading party
( jufi or unjujl ) have us or the meanes of
ourfubfjlence in their pofiejfion or no.
$ 1. Princes tbemfdves 3 notwitbjlanding tbcdr fwornt .
Leagues one with another 0 ground their obligations on
the tacite condition of their fojfejjing what thty bad
when tkey [wore, ♦ For
( 35 )
•
T?Of entry to the proofe of this Chapter, I (hall briefly
-■* ( as a ftating or the queftion ) itt downe a pertinent
difcour/e which Cardinal d'OJJ at (Henry the Fourth of
France his great Agent at ^ome) held with the Pope, up-
on this following occafion , as himfelfe relates ir in his
letter to the King his Matter.
The Du ke ofGuife ( as is commonly known ) foi m'd
a League or Covenant againft K. Henry the Third, which
moil of the Kingdome of France tooke, and it was to
this purpoie ; That the King was fo cold in the ProfefTw
on of the Romifh faith, that it was m danger to be ex-
tinguifht by the increase which he permitted of the re-*
formed Religion ; especially ieing Henry the Fourth
( then King ofJSUVarre was of that Religion, and was
to fucceed to the Crowne : Wherefore by the mediati-
on of Philip the iecond ofSpaine, the Pope qualifi'd
the Duke of Guife, Head of- that Catholique League and
( v\ hich in point of Government was to fet him above the
King) avowdhim f rote clour pf the Catholique Faith in the
l{ingdome of France. When Henry the Fourth fucceeded
to the Crowne, then this League for fecurity of Religi-
on was moft violent ; and the Spaniard without, hop d,
by nourifhinfc thus the diviiicn within , to carry all for
•JiimfeJfe at laft. To avoi d which gin, and to anfwer
all, the Kina chang'd his Religion,1 and negotiated by^
dVffat to be received by the Pope as a dutifull Sonne of
the Church of Rome , demanding Abfb'ution for what
was part, and makin a. large promifes of due obedience
for the time to come. The King of Spaine's intereft was,
that he mould not be received, and thereupon he indea-
vouredtopefwadethe Pope, That Heny did but dif-
femble with him, and that under this dilguife hee v\ ould
eafilielt mine the Romifh Religion. Notwithstanding
all this, ciOJfat obteined his Reception, Ablblution and
Benediction, through the many protestations, promi-^
its andprefents which he made to his Hcl inefle. Where^*
upon th^'j^iwy£5d3TgnesTOre" i n a moment alTblow a
overjFromlKwf^'lVut 'fell heavTfier upon the unitM^
Frbvinces -""which were foforely preft, that tlaey appre-"
T* D x hend-
00
j.cndcd the lofle and ttiine of their Country, and there-
pon implor'd afTiftancc from King henry, who rcceiv d
their Ambafladours very grac»oufly,and gave them aflfu-
ranccof rcliefc The King of Spain, who wanted no
good intelligence in the Court of France, immediately
remonftrates to the Pope, Thathis former intimations
concerning Henry s diflimulation , did now appeare in
the face of all the world ; and that feeing his Holincflc
had been Co credulous, he knew not now whether they
fhould be able to fave the CatholLuie Faidi from being
fubje6ted to the Reformed Religion or no. For where-
as the Hollanders had revolted from him, oncly becaufe
he refolved to ufe the true meanes for the efta blushing
the Romifh faith among them, and that now he wras
in a f aire way of reducing them, ( which conduced ib
much( bv his Holincflc his owne opinion) to the efta-
blifhment of the Romifh Faith ) Henry had taken
their party againfthirn in that worke; -nd that at Paris
he had received their Embaffadors to that pur pofe3 although
he kn^ they tfere his litoptll fubjetts , &c.
This fiartled the Pope not & little, who immediately
chargd d'0/fatfot having betray 'd him, and put the
Church in danger. This argument was as fubrillon
the Spaniards fide, as changing Religion was on H$n-
ry s} and therefore d Oj]at wras not a lit lc pcrplext how
to antwer it to the advantage ofhis Mailer; as alio
coherently to the conh derations of his former reception
into the Church : but at lafrhc replyed, That his Holi-
nefie needed not wonder how m rcafon of State diole dif-
ferent Religions might jo yne together for fo'iticall endf,
without hazard of altering Religion : Thus David fought
protect1 on of the Philiftines, and Abram redeemed the
finfull Sodomites. That hetooke it to be upon the iame
ground , that his Holincffe himfelfe not long before re-
ceived a Perfian Embiflador, who was fo farre from
being a hcretick, that he never pretended tenhe name
of aChriftian. That it was but a plaufible argument
which the King of Spaine ufed, in complaining of
Henrys receiving and avowing their EmbalTador, espe-
cially
(37)
cially knowing at the fame time that they were Rebel.?,
and could pretend no right nor title feparate from his
Crowne : " lor Princes ( quoth he ) Tbhen EmbaJJadors
c* are addrejl to tbem,neVer informe themfehes of the rights
<c and titles of thofe Princes from Inborn they are fent : $ut
u whether they haVepofeff on of the force and po^er of thofe
C£ places, from whence the Embaffadors are imployed., For
f* it ^ouldbe an endleffe taske. and require an infallible true
Ci Hiftory of the "toond {"tohicv is not to be made by man) if all
*c the EmbaJJadors , before their receptions, jhould be ob-
" Ugd fir ft to prove cleavely to the *fcorld the juft right by
ct ythich their Ma/lers derive thofe Titles and jurifdiclions
'fybbicb they a/fume to tbemfelyes. This reply as itfeded
the Popes rriinde, fothe rea/bn of it may well fettle ours;
And in the firft place it may not beamiffetoieewhac
the opinion' of Princes themfel ves miy be concerning it.
i . It is evident that molt Contracts and C athes made
betwixt Polincall, or publique perions, are made in
this Politicall fence, "W^. with a tacit condition of hold-
ing their polferTions. And therefore the world wonders
not that the King of England having fworne a league
with the King of Spaine, exprefly alio as he was King of
PortugaJl,did notwithftaning fince receive two Embak
fadors from this new King of Portugall; & that without
being judged either in England or Spain to have broken
hisformerOadi & league. But not to ground too much
on mar. er of Fa 61, Grotius in his Trett'ie delegatis, judges
the point of right ; Where after he had fhewn how they
who 3 re partly Sub jecls, and partly not, have a right of
EmbahTy for that part by which they are not fubjecls, he
defcends to thole places which are divided by Civil!
warre; in which as it is naturall for each party to pre-
ferve it felfe by all meanes it can, fb ufually correfpon-
dence abroad by EmbafTie is one meanes which is noto-
mitted : and the rule which States have for this cale is,
Thttin regno diVifo, gens una pro tempore quafi duee gentes
babentur. The ground and tacite condition wherefore fe-
verall States contra 61 one with the other, is (according
to that Author) the confederation of the pcftoer ^hUb
'{tngdome fotb to afford benefit one to the other : (b that
the contract is rather with the places, then with the per-
sons. Heme the fame Author laith, fygei guiregnis ex-
ntifunt3 cum alijs regni boms etiam jus Icgmdi perdiderunt.
As this may found harshly, io it ought to have good
reafon and authority to countenance it. It is not enoueh
to object, That inch tacite conditions are not proper
to, nor confident with the nature of c ) athes ( which af-
terwards is refuted ) Forthey who condder thole admi-
rable Chapters of the J 8th. of lenwie. fc.7. 8,9, io»
E?ecb.3}.v. 13, 14. will find the fame in Gods decla-
red will, though positively expreft, which is argument
enough for us, as is largeljer proved heareafter: Vtd,
/>. 2. c. ^,SeH, 2.
This' we i^e by what ground of right or defeat in
EofTellion Princes diiavow one another, though they
e mutually ohl^'d by lolemne oaths , which is the
grcateft tye that Princes or ;ult Governours can have
upon their (lib jee-ts. Now I conceive I may apt/y (peak
co fiibjeSs obeying an usurping power, after an obliga-
tion of Allegiance to another Power.
Th.
(39)
The fecond Part.
Wlierein is examined :
WHETHER,
i. A man may lawfully pay dutyes or Tax-
es to an unjuft Party ?
2. Or whether he may lawfully lerve fuch
aPartyperfonally?
*{ 3. Or whether he may lawfully fwearfi.
delitie to fuch a Party during thq War >
. Or whether he may lawfully fwear afi-
nall Allegiance and fubjeftion to fuch a
\ Party after1 the Warre?
Chap. I.
Whether a man may lawfully and with a good
confeience pay Taxes to an unjuft Party
during the Warre ?
1 ■ t
■
$ 1 i What was meant by paying Tribute to C&far.
2. In what cafe a man at the beginning of a Warre may
contribute to it^tbougb be finds not its caufe good.
3. TbemannerofaLevie. '
4. We cannot properly fcrupk at tbat wbicb is out of our
power. D 4 5.0y
(4°)
5- Of the condition oftbofe who live if on front i rs.
tp. Wbat liberty have we^ when the right Gove rqwr de~
clarejy that te will not have us fr.y any thing to the i»»-
padwg party, LikfWife^ wbetbet any Lew tut that
which derives immediately fnm God doti) indijfenft-
ably oblige the conscience V
"I N the firft part,the ground for all the particular quefti -
■"oils in this, is laid and treated Generally; buthere
we come to clofer and more particular proores : and ririi,
of Tribute and Taxes',
There are many who net finding this liberty in their
consciences , unnecefiarily chooie rather to give their
bodyes up to restraint, and to abandon their whole
mcanes of iubliftcnce in this world, both for themiel ves
and their children, which o:igh :not fondly to be done,
unlcfle we would be worfe then Infidels as Saint Taid
faith.
Obj. They object, that. they know not whether the
monies they give, may not furnifhto thedeftruc"tion
of many Innocents , and perhaps of the j'uft Magiftrace
himfelfe ; That though a man may give away his ovvne
ashep'eafes, yetnotinthiscife, when it is tothepre-
jud ice ofanother, &c. /
They who thus lcruplearein confeience oblip.d thus
to fuller, becauie they have not faith to doe otherwiie;
But the que/Hon now to be examined, is, Whether tbefe
be necejjary fcruples in thenjf elves, and fuck as admit of no
exception or liberty I . Peilupsupon examination we may
finde thefe fcruples to be Ul^e fcandals , w hereof fome are
rather taken then given: And -therefore to (late ths
quefhon aright, I (hail paraphraie a little upon another
qucition which was propounded to our Saviour; It
may polsibly appeareto be the fame with this, though
propounded wich more iiibdltie and malice.
The Scribes and Pharifes fought two waves to en-
trap our Saviour; One was, as if hee had* blafphe-
moufly taught a new Religion, and a new God r W^«
himfelfe) They hop't the people would beprovok tto
Hone
(4i )
ftone him for this, according to the 13 of ®ent. The
other was to bring his actions into the compaffeof Trea-
Jon, asifhee could not lead great multitudes after him
without traiterous defines ; but this gin faill'd too, be-
caule the multitude which follow 'd him was alwayes
ready to defend him : However, when he was at le-
rufalem, where the Roman Troopes and Prartor were,
they thought they had him fure,by propounding this fub-
tiity to him.
Sett. 1. Is it lato full for us to pay tribute to Cefar?
cc which was as much as to fay ; Wee who are defended
(ihom Abraham, and are the peculiar people, to whom
* God hath given the' large privileges of the earth, at
" home to bathe our ielves in Rivers of milke and ho-
i: ny, to have full barns and many children ; yea that
<f Godhimfelfe will beadofdinno other place of the
cc world, but at this our Jemfalem-, and that abroad we
ccfhou Id triumph over the barbarous and uncircumci-
<cfed World, by vertue of that Militia which he never
<corder'dforanybutour ielves ; How are we then in
"duty or cbnfcicn.ee to iubmit now to the Ordinances
c of rhcuncircumcifed Roman I Or what right can hee
"havetoexerciiefupremejurifdiclion over us the pri-
. " vileg'd feed of Abraham, by levying Taxes on our
(i Eitates and Land, ,v\hich God himfelfe laid out for
*'us> by which ireanes hee holds this very Temple in
is flavery, and infults over our Coniciences and Religi-
*' on, by defy ling our very Sacrifices with the mixture
f' of impure blond; which as they are the price of our
Ci loules, and a tribite farre above Cafars ( payable in no
cc other place but this Temple which <£od himfelf built )
? fo our bloud ought not to leemetoo deare to bee facri-
<f ficedforthe libercv of thefe Altar*. And though the
<cRo/nan State could pretend right, yet wrhat can this
'• Cafar pretend ? Every mans confeience knows that
c< it was but the other day hee ufurp't over the Senate, in
" which rcfi des the true Jurifdi&ion of fyme: And if
4 c that were otherwife, yet howr can hee pretend to a ti-
\tle, unlefle poyfbn be a Pedegree, or violent ufurpa-
(40
tction a juft election; by which hee who is but the
•cgrea:eft theefem the world, would paffc now for the
(t moft Soveraign and Legiflative Prince f Hoiv tben
<c are "toe in confeience oblig 'dto pay Tribute to this Ctefar}
Though thefe Lawyers thought in their conferences, that
they were not truly obl-g'd to pay it, and that our Savi-
our likewiie as a Jew thought Co too, yet they fuppos'd
hee durrt not fay io much in the crowd, nor yet deny it,
by Hurting it off in filence, left the Roman Officers
fhould apprehend him. But when our Saviour fhew*d
them Cafars face upon the Coine, and bad them render
to Cafitr that which was Cafars . and to God that which
was Gods , his anfwer ran quite*otherwife : Not as
fbme wouldhave it, that by a fubtilty heeanfwered no-
thing to the point propofed : for then rhe fenfe of the
whole text would found very illinfuch tearmes, Vi%.
That if there be any thing due to Cafar, pay him it ; and
if any thing be due from you to God, then pay it like-
wife. This had been a wcakning of Gods right for Ca-
fars, and to have left a defperate doubting in a neceffary
Truth. Tis beyond all Caviil, thatour Saviours opinion
was pofirive for paying of Tribute to that very Cafar,
becaufe^/^ohedidpayit; And the plaine reafon of
it apreares evidently in this his anfwer : Cafars face was
upon the Coine; that is to fay, Cafar by conquejb "tots in
Pojfefsion of that Coine, by pojfefsingtbe blace^bere bee ob-
lig '4 tkm to take it ; coin ing of Money being one Prero-
gativeof Soveraigne power.
And now to anfwer more particularly to the fore-
mentioned objections at the beginning of the Chap-
ter.
A Inthefudt place I diftinguifh betwixt Perfene,
&>inftm helium ; The one is Alii\>e and properly at the
beginning of a Warre, and in a place where yet no War
is, and where its caufe only and not its effects can bee
confident : In this cafe every thing ought; to be very
clear for warrant of a mans confeience, becaufeofthe ca-
lamities which he helps to introduce, and is in fbme
manner Author of.The other is fafstie, and there where
War
(4J)
War or the power of War is actually formed, which is
the cafe of this difcoutfe.
Secondly I diftinguifh betwixt that which cannot be
had, nor the value of it, unleffe I actually give it ; and
that which may be taken whether I contribute it or no :
In the force of this fecond diftin&ion lies the reafbn
wherefore I have fo much examined the nature of Vof-
fefsion in the former part. To apply all this to the Ob-
jections, I fay, That if a man fcruple, he may not inferre
helium by any adt which may be properly his owne; I
fay, properly bis cftone.
'Sett. 2. Becaufe though Warre bee not yet actually
form d in a place, yet a fcrupling conference which likes
not the caule mav be excus'd in contributing to it in this
one cafe, 7ii%. If fome number of men a ble to talce what
theyaske, demand (with an armed power) the pay-
ment ofa certaine fum to be imploy'd in War, then in
fuchacafe, the man of whom wee ipeak may pay it,
as a ranfome for his life ; or give it as a man doth his
puriewhenheis furprizd in the high-way; The rea-
ibn is, Becaufe to this man it is as much as if the whole
Countrey were poffeft by an armed power.
Sect. 3. The manner of the I evie is here Principally
to be considered. For if the perfon taxed be not for the
timeinthe/ttV^Tyf/^^wofhimwhofecaufe hee fcruples
at, and that he have not a probable feare of extreme dan-
ger, nor as probable ajfurance that without his he lpe, the
thing demanded nor its Value can betaken from him,then
there si luleexaifer emaines for the Adi becaufe the faid
A ct ( which his confeience dillikes ) participates more of
Action then cfPafsion.
But in the cafe of this di/courfe, where a man is fully
pofsefl by an un juft invading power (from whom whole
Countries cannot pofsibly flie, nor make away all their
Goods and Eftates, ) there I fay a mans paying of Taxes
is no gift, which i f pro v'd takes away the mafrer-icru-
ple. Let us Judge of this by that cafe which we all grant;
If a man faji into the hands of many defperate tneeves
who affault him for his Money ; though with his owne
hand
(44)
hand he put his purf e into their hands, yet the L aw eals
notthat a gift, nor excufes the theefe from taking it but
all contrary.
&&4. By this it's apparent what a groundleSTe feru-
ple it is tor a man thus taxt, to fay, He fyoltos not to "Khat
eYill they may imploy the money Jo put into their defperate
bands: Forthisfuppofesagift., and a mans proper vo-
luntary A£t ; of whichiindeed he is alwayes to be Scru-
pulous , becaufe ic proceeds from that Principle which
is totally in his ovvne power : whereas other mens acti-
ons are as farre out of our power as "binds 'and tenipefts
are; to which two as we contribute nothing, ibwee
cannot properly be Scrupulous in our consciences con-
cerning their bad effects.
For further proofc I might aptly reflect on thofe.
arguments which were diicuSt at the beginning of the
firft pare , concerning the tranfeendent right which wee
naturally have in the preservation of our Selves , and of
thofe things without which we cannot be preferved : As
al/bon the high privilege of extreme neceflity, nature
it Self being more intent to the preservation of particular,
then of pub'ike bodves, which are made out of parti-
culars, and as much as may be for the particular ends
and preservation of each Singular* no man obliging
himfelfeto any particular feciecy of this or that Coun*
trey, without the coniideration of felfe-prefervation,
according to the right of the more generall fociety of
mankind - Fid. far. i.c.l Sett. 3 ;
Sett. 5. Thus much concerning thoSe wfho are fullv
poSTeft by the unjuft invading power : Now I (hall
Speaketo the condition of thoSe Who live upon frontiers;
whoSe condit on is more ticklifh and deplorable, bc-
cauSe they arc nocfullv pofleSi nor taken into the line of
either party. Theft live as it were in the Suburbs of a
Kingdome , and enjoy not the Security or privileges
of others. Though they can owe true Allegiance but to
one party, yet they may liwfully contribute to both:
For though they be but partly poSTe/t by one and by the
ether, in refpect of their iiiddain abandoning them, yet
fotb
,(45) .
both parties ba\e tbepcfrer ofdefiroying them wholly. Wher- .
fore thole former reaions which jultifie thofe fully pof- *
feft, do alio acquit the -payments of theie; for tlaeir
condition here is more calamitous, leing they are really
but Tenants at will, cxpos'd to a perpetuall Allarme,
and that both partyes wound cne the other only through
their fides.
6. The laft confederation in this Scruple, is of the
Trills oftbem^bom we acknowledge our Idtofidl Goyer-
nours, viz.
Obj. When they declare to us that they will not per-
mit to us to pay any thing to their Enemies.
jfo/Tfo.TothisIanfwer, That the declared wills of
Governours cannot make all thofe our a6ts finncs, when
we obey that power which againft our wills (as much
as againft theirs, and it may be with more of our mi-
fery ) hath devafted them of the power of their rights,
and deprived us of the comfort of their Govern-
ments.
^uejb.l would not here willingly difpute whether any
Law but that 'tohicb derives immediately from1 Goddotbin-
difpenfably oblige tbe confeience ? For there is but one
Lawgiver who can fave and deftroy the Soule for the
obfervation or violation of Lawes, and this is God;
who therefore hath the fole power of obfiging consci-
ences to Laws as the Lord of them, through his crea-
ting, governing, and moving them. Efa. 33. 22. lames
4. 1 2 . There U one Lawgiver fbbo is able tofaVe and de/iroy :
y»ho art thou tbatjudgeji another ? Princes cannot by their
commands change the nature of humane condition,
which isfubje6t naturally to thofe forementioned chan-
ges : This were to pretend to a power of obliging us to
morall impofsibilities, and repugnances in the reafbn
, of government. And though thofe politicall commands
were as Lawes, yet they ought not to be made, nor to
be obliging, but according to the Legiflative rule, which
is cumfenju humante imbecillitatis. This is that which vi-
tally is ailed iieprefumPiVe Tfcj//of a Governour, or the
mindc
minde of a law : For in extreme necessity it is to bee
prefum'd., that both their wills recede from the rigour
of what they have declared, rather then by holding to
thatiwhich is their iuppoicd right, introduce certaine
• mifery and confufion, without receiving any benefit
thereby themfelves. Neither are fucb commands'Wnthout
there fenfe and profit though they bee notpofitfrelyobefd.
For thereby Governours fhew to all the world, that
they renounce no part of their right, no though it be
there where they cannot cxercifc any part of their luft
power : Secondly, they may thereby help to retard their
fubje&s from being foiward in giving admittance to
their Enemies, or in being actively a/sifting to them,
but rather to themfelves ; befides which lenfe there can
be no fenfe. For if they meare by thofe commands,
That they would not have their Enemies itrengthned or
advantag'dby them, and withall,meane that they would
not that their fubje&s fhould fubmit themfelves at all
to thofe ufurpers, though it were then when they and all
their fubfiftence areabfblutely pofleft by them ; I fay
then that theie are commands which dafh againft them-
felves, and the one countermands the other. For if
they refute to fubmit in fuch a cafe, then they doe that
which advantages their Enemies : Becaufe at that time
they will take all, whereas in cafe of fubmifsion they
askebutapart. In all wars there are alwayes fome by
wrhofe difafTe&ions Enemies gain more, then by their
compliance ; juft as Phyfxrians do by diff empers.Thou?h
by after variety of fucceflcs the juft Governours fhould
recover that place which fo fiibmitted to the power of
their Enemies, and for that reafon fhould punifh thofe
who were ployablc to extreme necefsity ; Yet it follows
not upon that, That they ,whofo conformed; finned,
or did that which was absolutely unlawfull. For we
know- reafon of State oft cals for facrifiees , where there
is no fault to expiate : Oftrocifme and Jeaknfie make
away thofe who are kno wne to deferve moft : In repuh-
lica idem eft nimiumt? nihil mereri : But in right ( which
is the terme of this queff ion ) the juft Governour ought
to
(47)
toloofceupon diem, as more unfortunate then faulty r
And perhaps in equity he ought to confider , that theo-
rignall fault of all might pofsibl y be on his part ; God
Sometimes punifbing the people for the Prince, and
fbmetimes the Prince for the people. .But of this more
(hall befaid in thefollowing Treatifesof New- Allegi-
ance, and of oppofite Oaths.
Chap. II.
Whether we may lawfully ferve an unjuft
Party in our Perfons or no ?
T
Heanfwerto this queftion is very prefent, andNe*
gative : For here action is required to an end which
our conf ciences allow not. Our eftates are feparate from
us, and therefore maybe had without us,, or without
our wils : But our perfons are our felves, and cannot
be had nor acl: without us, and therefore a man hath
not the fame liberty in the one as in the other.
But yet there are two cafes wherein a man may law-
fully ferve an unjuft party in his perfon.
Firft, when it is in order to a juft and neceffary acti-
on, which concernes not the oppofing of the juft party
at all, but onely our owne neceflary prefervation : in
which cafe we confider the unjuft Governour abstrac-
tive^ not as a Go vernour., but as a man. Suppofe the
cafe were fuch, that if the lawfull Governour himfelfe
were with us , he would probably command us the
lame thing : and though perhaps he would not com-
mand it, yet we might lawfully put our felves into that
action againft his will ; as il" the Turke , or any other
common enemy fhould invadethofe Provinces , which
the unjuft Party hath divefted the juft of : Forfuchan
enemy would deprive one as well as the other; Where-
fore betwixt two unjuft Parties , it's better to follow
him
(4*0
himwhoisinpoiieiTion, especially if his Government
be probably better for the lociety and Religion of man-
kinder mid as for the juft Government he mult consi-
der thatluch actions are not io much contra tsprdterfuam
Voluntatem.
The iecond cafe relates in lome manner to the appo-
fingofourLawfullMagilirate, but not by a direct in-
tention. For example, when wee lee much cruelty exer-
cifedupon the continuance of a warre,and probable ruinc
of thofe Places where the Armies feeke one another; then
if the faid Armies fall into ouf quarters, and we be lum-
mondtoam'ff theunlawfiill Party, we may then arme
ourfelves, not for him, but for our felves, not in any
regard of the caule of the warre, but of its efYecf s; w hich
are <De/lrucHon ofli'e} or of liVelybood. In this cale Na-
ture helps us to put on our armes, and fhews us the way
to the place where we may redeeme our lives, and finde
a remedy, though it be in our verv dileafe.
Ob. But is not this to doe evill to advance our owne
good, to cut the throats of thole whole innocency our
owne conlciences abfolves ? Can our extravagant fears
warrant us to takeaway other mens reall rights } Cato
babet potius qua exeat* Sen. brave men would raiher die.
How then can any of this be lawfully
Anf< Here IconfefTe 1 yes the knot ofthe fcruple; but
yet by the third Treatife ofthe LaMulriejJe of fome IVarrs,
Chap, 2. It is clearly evine'd, HoV> Innocents may be in-
mcentlyfyll dy and this objection goes no further, ns.y
not lb fcrre as that which is there cleared; For children
and babe* cou'd never threaten us with the fad effefb of
watre, yet we fee how they may be innocently deftrov-
cd by the courie of warre. For Nature commends me to
mvlclfeformyowne protection, and preiervation, and
that, not as if I had not that right of defending my lelfe,
unfeflethey werefirft faulty who threaten mc the dan-
ger. For though thev fight bona fide on their fide, and ig-
norant v take me to be another kinde ofperfbn then I re-
ally am j'ultas men paflionatcly diftrac^ted ( & in dreams
life to do ) yet I am not for this reafbn neceffanly oblig'dj
to
(49)
to defeit my feJfe, nor to fuffer all which they prepare
probably to inflict upon me, no more, then lam w^en
another mans irrationall beaft or dog falsupon me with *
iury or mifiake. GoVernours of men are like peepers of
heafts; Everyman as he is an Animal, participating
halfe with the brute. Alterum nobis cum £>iis3 alterum cum
beJHis commune e ft , faith Salu/l. When an irregular paf-
fion breaks out in a ftate, an irrationall beaft hath broke
out of his grate or cave, and puts the Keeper to a great
dcale of trouble, and thofe whom he meetes w ith in the
way in a great dcale of danger. If he invade any one he
may be kill'd whether the Keeper pleaie or no, although
whilfthekepthis cave quietly he might not be ftirrd
without his permiffion. It is a knowne cafe, that if a
man un juftly affault another, and be flaine in the acl: by
the other, this other fhall not differ for it.
But in this cafe we muff be certaine of two things:
Firft, that we have try'd all other meanes of faving our
fel ves and our livelihood : Secondly, that we enter not
the Army with an offenfi ve minde, but cum moder amine
inculpate tuteU : notwith a direct defigne to kill, b\i%
rather to fright, weaken, and to drive away the crw-
ell enemy : Before we may ftrike, we mint fee our dan-
ger imminent, and in ipfo pene punch ; then it is that
<we may occuparefacinms prevent our ovvne deaths by the
Invadors deaths : For when lives are to be loft, then the
pofMon which we have of our owne, is to be pre£ rr d
by us before our enemies lives.
The rate of defence is very difficult, becaufe on every
handitisfullofCircumflances: yet a point in MoraU
actions ( even as in Mechanically not in Euclidian Geome-
try) is not without fome breadth. Hence the Law faith,
fpQtentiaproxima attui, pro ipfo affu habetur. The rtafou
wherefore the Law( which juftly is (o favourable to
' life ) takes that for killing which immediately goes be-
fore the blow, is, Becaufe if it fhould not be favourable
to us before*the blow or acl, it would not be favourable
to us at all; A mans life is that which can be loft but
once, and after that, nothing can make it good to us
E a gains
(So)
againe, wherefore we are oblig'd to a perpetual J guard
oFit: ifnotforour owne lakes, yet at leaft for theirs
whofe life it may be as well as ours.
Chap. III.
Whether we may lawfully take new Oaths
for theintereftofthe unjuft Party, efpe-
cially after former Oaths of Allegiance to
an other Party ?
£ i. What an Oath is.
2. The matter of the Oaths here mentioned is the fame
with that of a Fromife. Of Jffertory and Promijfory
Oalhs. All Contracts and Oathes> though in abfolute
termeS) havefomc tacite conditions adhering to them9
andfo are mutable. Whether all Oaths be now unlaw-
ful '( 'two cafes concerning the qualities of the perfons
giving oaths.
3. the cafes wherein the matter of a fromife and 'of our,
forts oj Oaths doe agree.
4. In matters of Vertue and? iety.
5. InToffihilities.
6. In transferring a righc on him who will receive it :
Whence difpenfations arije,
7. In things whereof we have infallible certainty .
2. Concerning a mans fwearing that fuch or fuch opini~
ens are true.
9. Of Oaths made to Fyrats and f) rants.
TNthefirftqucftion the invading party demands our
goods, in the fecond our bodies* and in tbjs our very
fcules, ib farre as a man can make an other iure of them.
But as they are precioufer then the other two put
together,
C50 •
together, fo we ought to be more advifed In the laying
of them out : F u ror eft poft omnia per Here naulum, and to
errc in this is to erre in all. And feeing we hete contract
with God himfeffe ( who is alwayes thejufteft Party )
and doe iblemnly invoke his juftice and vengeance up-
on the breakers of fo high a Contract, we ought there-
fore to invoke his Grace more earneftly, that by the
direction of his holy Spirit, we may not precipitate our
felves, either through feare, faithlefheffe, or avarice, in-
to the forfeit ofiuch a religious Act : left whiles we run
to lave our momentary goods, our immortall foules fall
from us into Hell-fire : but rather that we efteeme it no
lofTe with Elm to drop a Mantle in the way to Heaven,
or for a (cratch to get a Crowne :
Atq; ideo intrepidi qwecunq; altaria tangunt, Juv#
Though in this particular cafe our condition be rendred
moft miferable by the extravagancies of ambitious a£
pirers to Government, yet we fee nothing new practised
in it : For all this naturally forts with the depraved con-
dition of man kinde. And though we can hnde little to
juftifie the Uforpers actions, yet we may finde reafon
enough, why after his engagement he fhouldadvile of
all meanes for fecuring himfelfe both at home anda-
broad in the field : of which meanes this of obliging
by Oath is a pnncipall one. Through this jealoufie the
Roman Lawes permitted not a man to be a Citizen of
Rome, and of another Provincial! City together ; for
in time of warre and divifion fuch aperfon would be o-
pen to fecret attempts and practices. The Chimiftsfay
thofe mettals fooneft diflblve, in which the elements are
moft unequally Ext ; Et inter fymbola facilii eft tranfitus :
io furely muft thofe men be moft volatile, who have
not fomething faftened on them to render their indiffe-
rences more determinate. The extremity of this pre-
fect cafe, as ofthe reft is, That as a man may faccefsive-
ly be under oppofite parties, and fo for oppofite ends be
taxt in his goods, and fummon'd to ferveinperfon, e~
ven fo he maybe commanded to fweare oppofitely to
what he fwore before* B ut before I fpeake to this difh*-
E 2 culty#
■ C sO
culty, and the cafes depending on it ; I fhall ice dowiie
what I conceive of the nature of an Oath in generall.
Sett, i • An Oath is a Religious at.eftation of God when
we a(Tert or Promiie that which is Iawfull and in our
Power, and is then at its height when we put our fel ves
under Gods fevere wrath, ifwp deale fraudulently.
Some adde this to the reft That it muft be of that which
cannot be cleared othcrwife, Exod. 22.10. 2 Cor. 1.23.
2. That which diftinguifheth it in futures from
a Promtfe, is the attestation of Cody and the imprecation
which we make on our fouls if we be not faithfully He b.
6, 16. God is here in the contract onely uttefiis ; but
with this particular prerogative, thatheistheonlyuni-
verfall true witneffe, who by right of government, hath
alfo a right of punifhing al wayes, and every where.
In a vow there cannot be Ieflc then two, and they
are enough, becauie God is both lufricient witneffe and
party, In other disiratfs or contracts we think it beft to
have at leaft three, the party contracting^ hee with
whom it is contracted, and a witnerfc ; and all ordina-
rily under a legail penalty. In 'the contracts which wee
make by oath one with another, God Hands as the
witneffe , and is to require the forfeit by our ownc
contents.
All Oaths are beft divided In Affertoria & Tromijforia
C Of A|Tcrtory } For in order to the time prefent, }>ajly or
^and Promif- £ future, we religioufly alien or promiie
I fory oaths, j ibmething to be, or not to be ; to have
been, or not to have been; thac it fhall bee, or fhall
not bee. The AfTerting oath is of iomething paft , or
prcfent; tfiePromifing is of Ibmething to be done or
omitted in the future. 7 ruth ought to be in both, but
with this difference, that in the former it is butjingle,
bccaule it relates oncly to die time prefent, and to the
Acl of fwearing : In the latter it is double ; Firft, in re-
gard of the time prefent, or the act of fwearing, >i^j
That then the ["bearers minde and "Words go cong*uoufly toge-
ther% with a true intention to obferve what he then pro-
niifes ; Aad becaufe upo» the very acf of fwearing hec
hath
( 53 )
hath 'either fworne true or falfe in order to his intenti-
ons, therefore in that part there lies an indi/penfable
obligation on him : The latter truth relates totbeeffett
and the time to come, that is, That the fwearer will have
his atfionsgo along V'itb bit fiords, and that he will make
them good. But oecaufe the matter of this oath ( which
is a thing to be fulfill'd in the future ) is naturally ( and
whether the fwearer will or no ) obnoxious to change
and uncertainty , therefore the obligation which tou-
ched! this matter, and which 'the C All pofirivecon >
fwearer bouad himlelfe afterward to< fate of futures >
fulfill, it mutable and feparabk from C why mutable, }
bis oatb. It was in his own power to make thefirft truth
good, which was, that his mind fhould be bona fide
like his words ; but unleffe he were a controuler of na-
ture, he may faile of making good the fecond , which
was, that his deeds fhould be like his words. Hee is
forfwornewho intends not what hee by oath promifes,
but he is not alwayes Co who effects not what he io pro-
miles. The rightxapprehendingofthisDiffincStionwiU
much facilitate the difficulties of the following cafes.
Becaufc an oath is a tie to the greateft of Con-
tracts, therefore there are three things eipccially pras-
r,equifite to it. i. ludgement, left we be irreparably in -
fhai»d, zslofua and the Ifiaelites were in fwearing with
the Gibeonits. 2.Trutb3 left God be invoked to a lie.
g . Equity, left we make God a countcnancer of wicked-
neiTe, and of things unlawfull ; as Saul would have
done in his fentence given againftlew^4», when with
the tip of his rod he had tafred hony ; and QaYtd when
hefwore haftily Co lay Ka b&ls houfe wafte . Of theie
three conditions every man is oblig'd to the two latter,
before be ftoaerestbem, but not fo fo- ^We 2te 0b!ig'd-
lemnly as afterwards ; The firft may ( t0 the marrer of,
be in things properly in our owne Voire Oaths be (
right of diipofing as we pleafe, before Xfore we fweare,.
we fweare,buc that obligation or Pro- Jand of others(
mife comming, we have afterwards /not till wee
no liberty in them at all : In this tkre Mwearc
E 3 i$
(54)
it no obligation tillv>efo>eare} and when we have done fo,
then we are bound at all hazards to ou r 1 el ves , to make
the Oath good, but not alwayes the other , when we
fweare contrary to our antecedent obligation in the
matter of the Oath, Quia prior obligatiopr*judicat potte-
rioii, and obliges onelyto repentance for our rafhncfle
or ignorance.
Obi. But againft all Oathes in generall it may beob-
C . Ijz&cd, Mdt.<$.33,&c. In Mofeshis
^Levit. ip. 12. jLaw jt was fuffic^nt that they were
not fbrfworne ; but Chriit faith, we may not fweare
< SomeOarhs law -1 at all ; that our communication muft
1 full under the >be yea yea, and no no; Two affir-
^Gofpci'. S mations, and two Negations ought
now tofatisfieaswellasan Affirmative or a Negative
Oath.
Anf. But we anfwer, that Mofes permitted voluntary
or unneceflary Oaths, and thefe onely were by Chrif t
abfblutely forbid; For ifotherwife, then we fhould
not have had fo many of Saint Pauls Oaths recorded
by the HoJy-Ghoit; as %om. 1.9. and 9.2. 2 Cor. 1.
23. and 11. 31. In all which places Saint Paul ufed
mo(t religious affeverations and atteftations of God for
amplifying his glory , and therefore when it may
reach that end, we may ftill fweare as warrantablyas
he did.
The cafes of 1 The difficulties of all aflertory C aths
iatfertcry Care not very implicate, becauie their
Oathes not f v, hole truths arc immediately fulfill'd in
.dimcu.lt. ^ the adt of f weiring, as being of things
part or prefent. ln/l. li. 4. tit. 16, Sett. 6. Conditions qiue
adprafensVel prateritum temptvs referuntur , autjlatimm-
'firmant obligationem^ aut omnino .non dijferunt, indeque
obligatio non cB in pendenti : Qu& enimper rerum naturam
funt certa3 non morantur obligation em3 licet apud nos in-
certafmt. Thofe conditions which relate \o the time
paft or prefent, either inftantly take away all obligati-
on, orelie differ it not a Moment; So that the obli-
gation which rifeth from thence, is not uacertaine or
fufc
f55)
fafpended. For example, ItTitiits hath been in Spaine,
or if Semproniiis be now alive, I will give you ioo. li.
This is immediately flilhTd ., became it is concerning the
time paft and pi dent, which are both really fulhTd, tho
not yet fully known to the Promifer.
Thea&sof Governours relate moft totheeftablifh-
ment of the time prefent and future : wherefore the na-
ture of PromifTory Oaths will here^The iratterof
moftconcerneus. In clearing where- \0ur Oaths, and
ofit is molt necefiary to consider, that J of a promife '
the matter and conditions of a Pro- y he fan?e, andj
iijjfe are the fame with thofe of this /the obligation
fort of Oath , and C which few have^ is the fame,
obierved ) rheir obligation is all one_, and difterre but in
the forme of Penalty .
Upon this ground we may fafelyfay, That the bare
promife in an Oath oblig%das ftri&ly before he /wore,
as after he fwore; and the reafon is plaine; becaufea
man is oblig'd onely by that which is of Pacl:. The
punifhment expreft in the Oath, relates onely to the
Penalty : for which reafon fuch a PromifTory oath fig-
fies no more then fuch a Penalty upon fuch a promife; but
a Penalty alwayes relates to that only which is unlaw fill,
and followes the Violation, deftruclion or negation of a
\Pac\ and not its making or being. Tho it be never fb
fevere, yet it confers nothing to the firft jtto or Pacl:, but
onely to my future feare left I do injuftice.
All therefore to be inquired after in thefe PromifTory
or State Oaths is, what the Nature of the things thena-
felvcs are to wh ich they are affixt, our obligations ftand-
ing or falling with them.
Their matter and conditions therefore are of three
forts:
Firft Heceffary ; When the effecl: hath an infallible
caufo; as I promife Titim ioo. if the Sunne rife to
morrow.
Secondly, Tmpofsible, either in Nature, as I promife
'Xititis ioo, if he touch the skie with his finger; orwi-
E 4 pfsihle
CsO
pcfsib!ein equity ; as I promtfe Titius loo, if he murthcr
Sempronius ; This being repugnant tohonefty and piety,
obliges noc no more then the other, and the third pra>
requi/ite to all Oathes, excepts againft it.
Thirdly, Tofsible, in tilings which may happen or
not happen, hecauie depending (imply on our owne or
others wils, or tnixtly of both, or elie of that which to us
is chance or fortune, which cannot be determine! hy our -
W ih 3Kam omnis /fat us humanus ex infidiis fortune dependet,
& in perpetno motu conjistit, /. 2, Sett, fed quia, C. de Vet,
jur.enucl. The ftate of mankinde depends totally on, and^
(ubfittsinthemidftof the ambufhes and treacheries of
fortune, and is in perpetuall motion and change. This
third branch is that which affords molt matter for per-
plexing Oaths and Promiies,becau(e it relates not to one
tmiforme principle, nor to luch things as depend on our
ieives, This makes iomefay nopromiffory Cathcan be
{Ob. TJawfu'll, because oathes muff be certaine and true,
An. 5 but allf uture effects of things are uncertaine*
To this I anfwer that it is certaine that my minde and
words go truly together when I fo fweare, as Abrahams
fervant did when he fwore to take a wife for Ifaach^ a fu-
ture very uncertaine. A man might as well lay prdmifes
are unlawfull becaufe of future uncertainties, tne obliga-
tion of a prom iie and of a prom iiTory Oath being the
fame It is Efficient therefore that we fwcare things not
neceflary but pofTible. Wherefore it is to be carefully ob-
ferv'd» That as there arc no contracts, and conic quent-
ly no Oaths fo condition a 11 in their beginnings, but
C Why podtivepro- ) they are fuppos'd to end positive
^ mi iory Qarhs mu >andabfolutc ones; even fo there
l taWe- ) are nonefopoiitive and absolute in
their beginnings, but are lupposd to have fome tacite
conditions adhering to them. In pura obligatione dies ta-
^itusfive Lega'is fubintelligitur, I. inter dumj}.L continuus '
137. Sett, cum ita, I, eum qui cale». 4. Sett, auotiens f, de
Ver.obli: All our engagements and actions lye open to
the controlement and exceptions which may be made by
haty, equity the right of 4 third per fqny the permifsion of
Gods
(S7J>
God, and the like, For example, King Solomon forgave
Adonijab his ufurping the Crowne from him, on condi-
tion that wickednefle fhould not be afterwards found in
him: after this Bathfheba came to petition < iKfag.">
Solomon in his behalfe, and he pofitftely pro- 1 1.52. J
mis d her that he would not fay her nay : fhe upon this
demands Adonijab might marry Abifbagg 1 Reg. i^i
one of K- 'Davids concubines : Solomon in- L *<>• 2 1.22 3
ftcad of making good his abfblute promile, (wore ^/o-
nijab fhould dye. Although there was an evident con-
tradiction betwixt the termes of Solomons Promife and
his Oath, yet he broke not his Promise ; becaufe in his
pofoive grant there was included a tacite condition, ^bicb
ought to be asl>aluable as any thing expreft, Vi%, that Ado-
nijab fhould attempt nothing unlawfull according to his
former pardon; But it was treafbnfor any man to at-
tempt the Concubines ofthe deceafcd King, befides the
f iicceflbur , for fear e of occafioning di viftons . 2 Sam. 1 2.
8. 16. 2 1. (Z)<rt>i</fwore, and with an obligation f iSam \
of a curfe on himfelfe. That he would deftroyL ?2. 3 s f
Nabals houti. which Oath as he kept it not, 10 he did
notbreakeit, becaufe it had never any tye on him, for
equity made juft exception againft it, The fame is to be
laid ofthofe who vow orfwearefbmething but are not
anv wayes in their owne powers, and confequently po£»
fefTe nothing for thcmfelves, as the wife or the daughter,
whofe O aths are juftly reclam'd by husband or father,
Kwm.30. 4 &c. But above all it is obfervable, that
God himfelfe doth oft contrary to what he abfolutely
declares, yet without infringing either his conftancy or
his verity ; becaufe in all peremptory comminations
there is yet a fuppoiition of his grace and favour. Hence
Abrahams fervant, Gen. 24. 27. faid, God had not left
his Matter deftitute of his mercy and truth, which ufually
in God goe together.
Obi. But out ofthe words of Balaam its f Numb. 2 1 .*>
objected; that God is not as man, that he Lvcr ip. J
fhould lye, nor as the fonne ot man, that he fhould
change or repent. Therefore hath the Lord faid it and
(hall
(58)
(hall he not do it? Hathhefpokeitand /hall hce not
make it good .■>
Anf. I anfwer, that God is not as man, that he fhould
lightly change, no nor change at all, if it certainly ap-
peare that his decree be absolute; but that doth not al-
wayes fo, if we will J udge by his words. God declared
to Adam, that the day he fhould eat of the forbidden fruit
he fhould furely dye, and yet after he had eaten of it,
God permitted him to live almoft iooa years. But here
fbme reply, That by the words, Thou [halt furely dye that
day, God underftood that Adam that day fhould begin
to be mortail, but not actually dye. To which I anfwer,
that this is of no necelTary confequence; For Godthreat-
V" Gen. 20.I ned Abimekcb and B^ecbiab in the fame
\?. j manner, butnowayesinthat fenie, as be-
ing perfbns as much naturally mortail before Gods
threat as they were afterwards. To Be^ehjab God laid,
{Ifa 38.7 that he fhould dye of his prefentficknefTe, yet
»• 5. 5 God afterwards aflured him that he would
adde yet fifteene years to his lire, becaufe he had feene '
his teares, and heard his prayer; whichitfeemesbythe
effect was the tacite condition prevailing with God, to
alter his pofiti ve rcfblution and threat. The like alfo is
obiervable in Gods decree againft Niniveby which was
{lonah 1 not deftroyed afrer forty dayes ; For God re-
s' 10. j pented of what he had faid, becaufe they
repented.
They who wrought in the Vineyard but one houre,
received as much as they who wrought all day; for in
thatunequall distribution, the Lord did no wrong to
any other in giving what he^would onl v out of his owne:
In like manner, God in remitting a forfeit or a punifh-
mentduetohimfelfefrom another, doth net an a6t of
injufticc, bee a ufe he it ill d i ipofes of his owne. Punifh-
nient is not a debt from the party injured to the party in-
juring: it quite contrary from the injuring to the injured
IBaiatisfa&ion, in which knee the often der 'when he
is punifhed,is rightly iaid,5Wf ptenas fcllicet injtiriampajfo
Ifthis were otherwise, then there were no place at all for
Clemency
(59)
Clemency mluflice : dementia enim non cogitur, &* fine-
aejfaria plane eft> dementia ejfe definit : And if there were
no clemency after we have forfeited our felves,then con-
fequently were there no place for Prayer in CExo.^2.1
Religion; and Moyfes had in vain ftrugled \ 10. 14. 3
with God, that he would not confume the Israelites af-
ter he had declared fo to do . Mercy therefore is not op-
posite to juftice but a part of it, 1 lobn 1. 9. God is faith-
full and juft to forgive,^/. 71. 1,2. In thee, O lord,
have I put rny truft, deliver me in thy righteouf hefle.
All which appeares molt clearly; Ier. 18* 7,8,9,10.
Ezfc. 33. 1 3, 14. Thus Princes by rheir prerogatives
pardon criminals, and like God here prefer ve thole
whom they might juftly deftroy*
3. Gut of all this therefore it ibllowes5 That as
promiies may be abiolute or upon luppofition (in which
the obligation is founded on a condition ) Co may
oathes be.
4. Asa promife is not alwaycs of thofe things to
which we were oblig'd before thepromife, but of thole
things onely which may be done without finne, i>i%.
of things lawfull and in our right of difpofing, or of
things which hinder not our encreaie in piety and good-
neffe ( to which we are' in a higher obligation bound to
God both bodyandfoulejeven fo oaths may be of all
thele, other wi&fcelirt ejfet fides, as Herods was, to kill
lobnftaptijh
5 . As we cannot effect, fo we can not pofiti vely pro-
mile nor fweare impoffibilityes. Things which though
they may be done, yet not by us ; or things which are
in a future uncertainty.
6. Hee who fulfils not his promile to him, who will
not have it fulfill'd, breaks it not : Co in the like cafe hee
breaks not his oath. The ground of this is, becaufe
we have not a right of making others keep what is their
own in property, longer then they will themfelves.
This is the foundation of rhe difpenlation of oatta 5
which the Do&ours even of our Vni verities ( as well
$s others elfewhere ) give every yeare to thofe who re-
ceive
ceivc the'r degrees. To pay a debt is al wave's a duty in
the debt our fu long as the creditour will have it a debt ;
but it is not a duty alwayes in the creditour to receive ic
from the debtour : For acceptation is equivalent to
payment. As inthoothers breaking a conditionate pro-
mife or league, a man is freed from the obligations on
his part ; fo in the fame cafe a man is freed from his
oath.
7- As a man cannot peremptorily promife a future
uncertainty, io neither can he affure himfelfeof that
which paft before he was extant in nature ; and there-
fore cannot fafely affert or fweare the evidence or cer-
tainty of that which was before he had any knowledge
or being. Hence though poffibly the Catholique Reli-
gion was not long agoe eftablifh't and profeft in Eng-
land, yet I cannot fweare it was ib , without finning,
becaufe I have onely a morall or probable certainty of
it (not an infallible one J T>i%\ the Tradition of manor
f Ob. 1 hearcfav. And ( to prevent an objection ) though
x. An, j none of this age f aw Chrift or any of his Mira-
cles , yet the certainty of them is not to be doubted of,
as of the other ; becaufe even at this day we have Gods
infallible fpirit, which ftill gives teftimony both of
him and of his miracles, according as they are fet down
mhiswrord.
8. This cafe fhewes us the dangeroufneffe of thofe
aflertotv oaths, which require ustofwearpoflitively,
thatfuch or inch a Polemicall thing or opinion is true,
which may feeme clearly fotothe learned contrivers of
rfiofe oaths, but Hot to others. The thought of the mind
is only referved to God, who onely can be f ure of it : It
js that which doth another man neither good norharme,
umleiTe it be communicated, which indeed may be for-
bid by oath, becaufe in the communication of it there is
cxtcrnall adtion. Twere happy wee had as infallible
means for our opinions in all divine and civill matters,
as wc have in our own matters of fa 61 : but if wee think
not aright in thofe matters, it is no fault nor fraud in
us,* it is a defect of our understandings, which wee
can*
(Si)
cannot poffibly help, not an a# of our wills.
9. In an oath made to a Pirateor a Tyrant wee con-
trad with God himfelfe likewise. And if it be concern-
ing things in our power and lawfull (that is in things
which no man hath Co much right to difpofeof, as our
felves ) then wee are bound to make the oath good.
Neither is it difficult for us to comprehend, how there
may bee an obligation in us to give that to another,
which he may have no ftri6t right ro demand, as in de-
bito gratia, in doing one good office for another • And if
this were otherwife,then the mo(t iblemn and religiou£
eft thing in the world, would have no fenfe nor effect.
Nam ut non teneam, niji if?fe nolis , non eft de natura
luramentu
Out of this we may examine and conclude two things
concerning the peribns who give the oathes.
Queft. 1 . Whether they be our Idtofuil Snperiours or no §
for fbme think no oath can be lawfully taken, but from a
lawfull power. To this I anfwer,
Anf. That Saint Paul in the fbrementioned chapters
i wore, not conft rain d by any Jegall fbrmall power, juft
or unjuft, but mov'd by the jurtnefTe,of the matter which
heaflerted. If there be a peccancy in the matter contra-
ry to the right ofa third perfon, trie Magistrates title and
fupremacy cannot warrant it; and if there be no pec-
cancy in the matter, but only in the title of the Magi-
frratcthennecelfity which is the defar of defarsy and
which admits an-appeal above them ( as hath been larg-
ly proved in thefirft part ) is our Magistrate, and war-
rants our oaths as well as i uch promifest
<Zueft, 2K What if the powers above us fwear us to
fuch things as may be good, but which afterwards we
cannot actually aa:omplifh >
Anf. If the defTciencie proceed from aliccay of thole-
powers, and that we contributed nothing to it, then we
'are free: namauimneftcaufa caufie nonejl can/a caufati-
Secondly* If the good things iwornc be of Religion and
the promoting of piety, and that by the means of the
power whicjj fyyore us, then if that authority faile, wee
are
are freed from fb much as concerns our effecting it that
•way, and we are left onely to that obligation of Precepts
which tied us fufficiently to advance piety and Gods
worfhip before "toe f*ftore. In this cafe we ow e nothing to
theMagiftateforthe matter of the oath, but to God
wl?o hath here Jus teftive per f once ut partis & teftis. For we
are originally bound in all things to fcrve him with all
our hearts and fbules to our 1 i ves end . In modo promoVen-
di pittatem, we are more intend vely obligd by oath to
cooperate with the Magiftrate, and ifheeonhis part failc
wilfully or negligently, at his owne perrll be it, for
we are thereby difpenc't from the tie of the oath mat con-
dition failing.
Chap. IV.
In whofe fenfe is a Promiffory oath to bee
taken and kept5 either in the givers or ta-
kers fenfe?
T Anfwer that it is to be taken and made good in the
■* Adminitfrers fenfe ( whofe oath I 1 uppofe it be } or as
thefwearer conceives it underftood< commonly by o~
thers. For it is a Promiie or contract of transferring
f ometh ing to another , iv^: to the firft propounder ; and
therefore in it we do but follow hiswillormindeas
the principle, to which the words relate. Suppofe I
voluntarily promife a man fbmething abfolutely or
without delay, and he conceives but upon condition, I
am notwithftanding obliged to give it him immediate-
ly; Becauieallthe Obligation which is, comes from
my mind, of which the declared fenfe was, to give
without delay : So if I promife 20. and he fionceives
but 1 o. I am by my owne will, and the faith of a man,
obliged to 20. which was the principall and declared
fenfe, In
(*3)
In like manner, if I know the Propounded mind and
meaning in his Oath, andfweare in thofe words which
properly fignifie his mind, I ftand bound to his icnfe ;
becaufemyfenfe tells me, thatfoch orfuch was his fenfe.
It is a mans thought within, more then his words with-
outj which are to be confidered :
; — <Dees qui rogatillefacit* Mart.
Becaufc internall A6ts (fuch as are the thought and
will of the mind) are not vifible by the eye; Yetfome-
thing is certainly to be determined, that lo the rcligi-
oufeft and ftridteft. Obligation in the world,might not be
without ks'eftedt
The meafure of interpreting, is the Collection of a
mans mind by probable fignes; which fignes are either
words, or other probable conjectures. In cafe there bee
no figne which might (hew us the contrary, then words
are to be taken in a plaine common fenfe, and not too
much Grammatically : And therefore the R omans (as
others likewife have obferved ) dealt trcachcroufly with
Antiockm, to whom when they were to give halfe fuch
a number of Ships, they divided each Ship in two: In
which, tho pars dimidia naVium were true Grammar La-
tine irf that divided fenfe ; yet all the world could not
underhand it, but of whole Ships.
Thuswrhenweipeake of Law, we ufethctermesof
MensLegis, though indeed it have nothing but words;
And we fay, Summum jivs may be fumma injuria, which
is impoffib'le according to its words. All this (hews,
that it is the meaning of the Principals mind, and not
bare words which fpecifie the things in quettion. And
ieeing all Oaths are compofed of words, and that wee
have found what muft be the fence of them ; I (hall ex-
amine what Obligation they have in the Societies of
men*
i
CHAP.
Chap. V.
Of the Obligation of Words.
IJEavcn and Earth fhall pafle away fboner then
*"*Gods Word; the rcafon is, bccaule it made both
Heaven and Earth,and the caufe is alwayes nobler then
its effect. All change argues imperfection, and there-
fore Gods Language is a 1 waves thefame:Butmanis
imperfect both in his understanding and will, and Co
consequently in the fignes of both : His habit, manners,
Lawes and Words derive his Pedegrce from Babell
and confufion. However, though all Countries vaftly
differ in the expredions or fignes (which are the fignifi-
cations ) of their minds, yet they all agree in the fame
fence of the fame thing : Two and two in all Coun-
tries make foure, though two and two fignifie foure but
in one Country. Wherefore every Country is obliged
to communicate in its own words,, according as they
arc popularly, not privately underftood by them, •
Qucft. But hoto are they obliged to that}
Mnfto. I anfwer by Contract, even as they are to
their particular I awes. For that power which makes
a Law, makes a Word, and that which abrogates a.
I aw,takes away a Word : Cufiome makes a Law, and
cuftome makes a Word : Yea, 1 aws themfelves are
the vaineft things in the world for Government, if we
have not an Obligation one upon another, whereby
we are a {fared of the publique fence of the words, which
every one is to practice thole Lawes in.
If words change, we are to accompany their change,
as we would accompany the Society in which, and by
which they are chanped : But yet wee are alwayesto
kcepe to the fame fenle , whicli is the end of *all words:
Infbmuch that if by old Tenure my Anceftours were
obliged to furnifh to the Land-Lord fo many Oxen
yearly,
(«0
yearly, and that by change of time the word O xe fhould
nowiignifieperhapsaFly, yet I am obliged to pay in
that which was meant by a Fly at fuchatime, which
was then an Oxe : I put this piaine cafe, becaule in o-
ther Tongues there hath de facto been as Grange, yea
Granger changes of words, witneffe Lufa (? lupanar,
&c.
It were n eedlefle to fpeake further concerning the 7>-
giflatiVe potocr of making Words, the reafon of it isfo
clearc. and every where in practice : I fhall onely ob-
ferve that the Romans, even cut of Italy obliged the
Countries where they had their' Legions , to fbl'icite
their affaires, and communicate with them intheLa-
.tine Tongue which gave them their I awes : For it feem-
ed fbmc kind of fubje&ion for the Governing party to
apply it felfe to thoie whom it Commanded. Hence
.French, Spani/h, and Englijh alio retaine a mixture of
Latine words ro this very day* Tnus the Pope pretend-
ing now to the Supreme power and Jurisdiction in
Religion, lets thofe of his Jurisdiction (in ieverall
Countries ) the Language of their Religion : .A nd were
knot, but that I conhder Horace lived when all this
was pracl ifed, I fhould much more have admired his
profound determination of this QuefHon in his Ars
^oetica,
^uem penes arbitrium eH>&jm ($> norma loquendi.
The confequence of all this fhewes us whatanun*
naturail and unlawfull thing it is for a man to falfifTc
his words, to tell a lye, to ufe mentallrefervafions. ex
fubtkentia, or equivocations, ex Amphibologia, which
makes a martyrdome fol!y,and leagues and contracts of
no affurance. This therefore was originally the aclof
the firft Law-breaker, who therefore is called the fa*-
xher of lyes, as God is called, I am that I awa the Father
Vof Truth, in all his words.
LeYrt. 19. 1 1. Te fhall not deale fa-fly, neither lye one h
another; ftflr (Eph. 4. 25. ) Te are members one of another*
Gal. 2. 11, 12. 13. Peter is feverely reprehended by Paul
for diffembiing, out of a feare of thofe of the Circumci-
F /ion
(65)
Hon* Here he who was at ail perils to profeffe truth, pro-
feft lying, for he intended todeceive.
Ob. It is objected, That he who equivocates tells an
untruth, not to deceive another, but to preferve him-
ielfe.
{OfEqui-1 Anfi>. Ianfwer, That he who thinks o-
vocarion. J therwife then hee fpeakes^ deceives, and
intends to deceive. For he tells his thought to another,
different from what his owne heart tells it him , that io
he might beget that opinion in the mind of another,
whicrns to deceive , and to elude : To lav hee doth ic
only to preferve himfelfe, reaches not the difficulty; for
though that be his primary end. yet bis Intermediate end
is to do it by deceiving. Let him allow the lame liberty of
plea to one who ham robbed htm, and he {hall prefent-
lv hearetheTheefe Jay, That his end in that A&ion
was onely to preferve himfelfc, not to wrong him :
Which yet he his Adveriary will not take for ajuftifi-
cation. No cvill therefore is to be done , that any good
may come of it, %om.^. 8. otherwife the DeviJl would
be as a con-caufe co-operative wich God, and collate-
rally not oppofite, to him. Truth and Falftoodare parts of
Tuff ice and injustice, which have relation to our Neigh-
bour ad extra; and therefore are not ro be eftimatcd ac-
cording to that which is feigned, retiredly within in
the mind, but which flowes from the Tongue in known
and intelligible words;
j — 'Pofl effert animi motus inter prete lingua.
For the mouth of an honeft man is in his heart , and the
heart of a knave is in his mouth. But it is to be well ob-
ferved, That he whotclsnotall the truth tels not a lye;
which was Abrahams cafe, Gen. 20. 2. when he faid no
more of Sarah to Abimelech but that ihe was his Sifter,
That of St. 'Pauls pretending to be a Pharifee, AB. 23.
6, j. after his being an Apoftle, is a little more intri-
cate, becaufe in executing an Office , efpeciallv fuch a
one as confifts in an upright wirneding a Truth, and
fuch a Truth as immediately relates to the Intereft of
Cods glory, and uot of our own , md-ypbith ought to be
dmt
( &7 )
done infeafon and out of feafon > ( as St faul himfeife
iaith ) there we outfit to be moft peremptory and un-
maskr, Exod. 23.13. Elifh 1 permitted Kaaman to live in
an idolatrous country, on condition that he teftifiedhis
diflike. 2 l\ing. 5. 1 8, 19. However St (Paul f truck not
in with the Phariiees againft the Sadducesupon a Con-
tradiction,though in that dangerous Riothe would not
declare upon what ground he beleeved the Refurre6tion4
To pa fie a dangerous \V00d fafely , it is fometimes
lawful! to put on iuch skins as the Beads have which
haunt thole Woods ; but not fuch as Apuleim his Theefe
put on to deceive and rob men. Nay, thoit^ords^bicb
are not in themfefoes true, are notalfrayes ties ; For they are
directed to a Morall and to a pious end, and there-
fore by that intention are not contrived to deceive or
abufe. Of this fort were our Saviours divine Parables,
the Story of <Di)>ts and La^arm ( for fingers are not in
Heaven, nor tongues in Hell, ) and of the Prodigal 1
Child- f ikewife of Jotbams Trees going to chufe a
King, Mg. 9. 8, And of the poore mans onely Ewe,
which the Prophet Katban afiured King <Dal>id was for-
cibly killed by a rich man.
Having therefore thus throughly ( as I conceive) ex-
amined the nature of Oaths, I fhall fpeake to the parti-
cular cafes wherein they are or may be praclifed : and in
the firlt place, I (hall Ipeake of the Leagues and Oaths
which p; lie betwixt Prince and'? rince j that io we fee-
ing how farre they conceive themlelves mutually ob-
lit? d by Oaths, may the e afilier guefle at die Nature and
obligation of our own Oaths to them.
.
^ ., .
Chap. VI.
Concerning thofe Oaths which pafic betwixt
► Prince and Prince.
; ? — : 1 —
COmedilpute, Whether as Kings can abiblve their
^iubjects from their oaths to than, fo whether they
F z can
;'.ftf-).
can abfolve themfelves from their owne -oaths. The
grand lub:ikv of this is, becaufe the a&s of fupremc
Princes arc no: contrary to but above all law : and
they are done in placej where they are not lubjedt to any
fuperiour jurisdiction, for if they be a&s done -at home,
thenitisclearetheyarcab->veth?ir fubje6ts:If abroad by
any Proxies, then its clearer that their perfons are lefle
fubjec~r. Butbecaule they have promifforily transfer'd
eights to others, and that God is in the obligation, and
that all perfons and places are alike fubjecl unto him, as
heisKingof&ings; therefore (uch Princes are obliged
as much as others, in foro inter m, ( of which jurisdicti-
on all Oaths are ) though not in fa o externa. .The for-
mer defcriptionsofthe nature of oauhs are furhcient for
the further proofe of this,and therefore it would be need-
leiTeto enlarge upon it.
If oaths be made by Princes to Princes in their Prince-
ly capacities, but that thofe Princes are in their Princi-
palities obliged to Lawes, then their Lawes being a-
bove them ( in regard they ftand obligd to them ) their
perfons a re onely conditions of their oaths, whereby it
is manifested, onely with whom they contracted, Yi^\
\\irh the communities whereof they are the firft and iu-
premeft Officers.
If Oaths and Leagues be made betwixt Princes who
were above their Lawes, but that the qualities of their
perfons be afterwards changed, which qualities former-
ly were as conditions moving to the Oaths and Con-
trails, then the whose obligation ceaies betwixt them.
This cafe is fpecified above, in the (Jaths and Treaties
•which lately paft betwixt our King, the King of Sp line,
and the now King ofPortueall; as if our King flood
obliged to the Kin^ of Spiine, only for lb much as he
fhould be able to hold in his Poflcision.
Thus much briefly concerning Oaths betwixt Prince
and Prince. Now I (hall ipeake concerning Princes
Oaths to the People, efpecially concerning uoronati-
on-oaths: and afterwards I {hall ipeake concerning iub-
jecls Oaths to their Princes.
CHAP.
Cj?sO
Chap. VII.
Concerning Princes Oaths to the People, and
of Coronation-Oaths.
£ i. H)W Primes tbinkjng to kfep thofe Oatbes, may
break? them.
2. Of State Oaths.
3. TbeOatbs and state-ails of Communities in Ages
paft9 are the ads oftbeprefent Communities, if there
were no intervening fundamental! Change.
4. How a man may juftly change bis will.
5. In what fence Cimnunities change not.
T/Suallyin all places Kings at their Coronations
v fWeare, That they will kecpe, and fee kept^all the
Lawes which they flnde at their entrance, and that they
•will not innovate and change any thing in them.
Sett.i. Though this feeme very candid, yet I fay there
is nothing which can (boner mine a State, then Princes
rigid keeping, or carefefle breaking fuch Oaths. If they
hold to their naked termes, then there can never 6e any
good reformation : For that uiually requires the tak ing
away of fbme Lawes : A nd a power ofabolifhing fbme
old Lawes, is a seflentiall to Government, as the ma-
king of new. Thus alfo if they care not for keeping their
Lawes at all, then thev may takeaway the goodL awes
Sas well as thebad; and fb there is tyranny in both. What
4s then to be done >
Sett. 2/ I conceive that all fuchOaths,as they are of
<c matter ofState & Government, fo They are to be in-
terpreted according to the Tacitc Conditions and
F 3 foundations
(70)
il foundations of Government, of which, The preferta-
" tion of the community is the chicfeft. And becaufe the
dangers of a State can never be all forelccn by any com-
pany of men, by realon of the infinite circumfrances of
humane actions and accidents, therefore they cannot be
all caution d in Po/itive Lavvcs ; JSUtn optimis rebus fv.d
femperadjlantpericulaaut kdnafemtur, which as Tlautus
faith, nobis ancillant quafi fcapb*. Thofe iawes for this
reaion, are laid to be made cumfenfu human* imbecillita-
tis , and to laft no longer then they may bee for the good
cfthe community who gave them their being to no o-
therend. So that we may well lay, thole Magiftratcs
'tohoobfUnattly hold tbm to their Oaths, brtak^tbem. For
thinking to favc the I aw in its letter and words, they
»ay lole and mine their fiates and lawes, by not keep-
ing to the originall fenie of them, farther then which
they cannot goe : Wherefore each Community hath a
liberty of excepting thole future caies from the rigour of
their laws, which in all probability they who hYft made
the laws would have excepted, if they could have had
certaine knowledge of them., when they were making
the fa id laws.
Obj. But it may be cb je&ed, That we have not fuch
a liberty in others a£ts as in our own, nor yet have we li-
berty in all our own, For an adt oncepaitjs in faith to be
Jcept, efpccialiy if an oath be farmed to it, &c.
Anf. Sett 3 . To this I anfwer , That it 1 s ill iuppof ed
that the Legiflativeacb of former ages are not ours:
For we are Hill the lame fbciety or body politique, which
dyes not, no fundamental! change intervening : Though
the particular perfons of paff ages be no more, yet the lo-
ciety is the fame -y juli as the ijhine is the lame river it was
at the beginning, though its waters Hill runnc away,an d
are every moment buried in the Sea .
When our actions are for our le Ives (and not in ma-
king over fome rights toothers ) then wee hay>e alwayes
\ Naturall liberty to difpofe of our actions for our lelves,
as we (lull at any timefinde fitting. The body Politique
$an be cpniidercd but as one particular per/on, and what
ic
f70
ita£s isufually for it felre : and Co in that confequence
hath a liberty of doing or undoing what it fhallfinde
beft correiponding with its particular intereft.
4. Every particular man hath liberty to change his
will in the diipoling of what is his own, folongashee
lives, and the laft will invalids all the former : and hath
not a body Politique as large a privilege , which is the
fountaine of all privileges ? And indeed how is it ima-
ginable that a man hath power to bind or fhackle him-
lelfe, or that a Community can force an obligation
upon it felfe? feeing it is neither fuperiournor inferiour
to it (clfct Surely there is a better way for remedying an
inconvenience, then for a man to obbl ige himfelfe to
continue in it*
5. Neither can a Community bee properly faidto
change: Becaufe it {till holds to the fame end, V/^.
The prefervation of the whole. Tis a true maxim,
qtae ad finem ducunt in materia, morali tejlimationem habent
a fine ; ta ke the cafe thus : The generall end of a Pilote
is to fave, not to caft away thefh ip committed to him :
his obligation is to bring it fafely into fuch or fiich a
port: If the lands change the channell, then he is ob-
liged t6 quit his oldcourfe^ and to change it according
.to the change of the fands ; but yet all this is not with
the change of the generall encf. Thus though he be
oblig'd to preferve the goods for the benefit of tho/e
who committed the fhip to him, yet In a tcmpeft, to
fave the fhip, he may not throw over his men, but the
faid goods, notwithftanding his, obligation to -fave
them. Aurum non Valet templum, faith our Saviour, be-
caufe it ferves it : Wherefore the old Prieft did very
rvrudently , when hce fa w his Temple on fire, to throw
all his holy water on it ; and when that would not do,
to cry for helpeto this his laft remedy, cum aqua non poF-
Vum ruina extinguam. Though in this neceflity hee pluckt
downe the Temple which he was bound to preferve, vet
by this meanes he fa v'd fome of the ftatutes of the Gods,
for whom the Temple was built.
F4 CHAP,
C«7)
\ , .
Chap. VIII.
Concerning fubjefts Oathes to their Prin-
ces. -
i. Wherefore dangerous to examine fupreme rights.
2. Of Monarchy, Ariftocrac), and 'Democracy. No fort
of Government which can give alwayes a cataine re-
medy for an inconvenience of ft ate.
3. Wtiy fome Countries more inclind geographically to
one particular fort of government then to another.
4. Wherefore we are abuCdfo much in diftrinutive luftice,
( Rewards and Punifhments') as alfo in the pleafures of
jenfe , riches and honour, for the enjoyments whereof
we fo vainly torment our f elves.
5. Of the power of dominion, and tberightofexercifing
it fpecifically in this or thofe bands.
6. Foure cafes wherein fubjefis are freed from former
Allegiance.
7. How a man may tak^ an oath from an unjuft invading
party, contrary to thofc oaths which perhaps bee toob^e
firft from the juft party , whopojjibly brahf no condi-
tions with him.
%. Some Kingdomes for the Trince alone and his be-
nefit.
f . Of the Harmony of Oaths.
10. Two wayes of takjngoppofite oaths.
1 1 . Oftbe preemptive will of the Prince.
12. Of the conditions of thofe oaths whereby werare fworni^
to lofe our lives for our Prince.
13. In what fenfe may a man fweare that be bath the right,
whom be kjiows is in the wrong ? Offubfcriftion in the j
Cbunb
(73)
Church of England,
j 4. Why Penalties better [ecurities forfrinces Rights
then Oaths.
I. TN government it ought to be moft prudently cau-
tioned, that a Society of State ravel! not out into
a diffolute multitude. For in confufion there is a rage
which reafbn cannot reclame, and which muft bee left
to calme and fettle, as waves do after a tempeft, both
upon themfelves and of themfelves.
Tis confufion arifes moft out of the reflection which
particular men may make on their particular rights and
liberties , which perhaps may lawfully belong to them,
but are not alwayes convenient for them to have, no
more then knives and daggars are for young children or
diftra&edperfons. Libertas enim fingulorum erit fery>itm
omnium. Befides it takes away all future intelligence,
and breaks a Chriftall glalle, which can never be peec't
againe fb finely as it was, but ever after willfhew bro-
ken and angry faces.
2. We tHink our fcrvice here very hard, being one-
very hand expos'd to perpetuall combats, and ftine we
would meliorate our condition by experimenting what-
soever preients it felf firft to our preiTures, but in vaine :
for like men in feavors we may change the fides of the
bed, but not our temper. The ftate off Mon r h 1
Monarchy is of all the reft moft excellent,!. narc_/ >
cfpecially when it reprefents Gods dominion, more in
the Jufiice.thcn in thefingularity of the Governour. But
becaufe there is no prince who is inabled with prudence
& goodnes any way Co great & fbveraigne as is his pow- 7 4h
er, therefore hee cannot but commit great errours; and '
ftanding on the peoples fhoulders, he makes them atlafl
J complaine of his weight, and of the lofle of their liberty
) which is alwayes -their defired end.Ari-f Ariftocracy.X
ftocracyJtanas like a moderatour be- \ . 5
twixtthe exceffes of Kingly and popular power ; but
this "mixture oftentimes produces monfters. .THe bloudi-
efi commouohslhat are, Happen injhjs, ltater though
' ft# efteem'd
(74)
cfteem'd mofl temperate, juft as the greater!: ftorms are
found in the middle region of the Aire, and in thole Ga-
lons of they ear which are leaft fharpe.Noone part of a
ftate can be ftrengthned,but by cutting the finews of ano-
therySedfpoliatis armafuperfunt'J uve. and impotency re-
prefenting at the lame time both miiery &f corn,takes life
cvehindilpaire, and ifit cannot be beholden to the re-
Jiere of an Enemy, will make the publique .mines of a
Kingdome its £ rave. Take awayArmes and Libertie,
and every mm is without intereft and affedhon for his
Country : Invade his goods, and the fountaine of a
treafury is immediately dried, and hee as ibone made a
beggar ; and after theie diftrelTes as MachiaVell faith, He
toill not lament fo much the loffe of bis publique Parent, as of
Lis private Patrimony. Democracy reduces all to equali-
{" rTTTTmmt*y> anc^ fevours tne 1~ ibertv of the people
*> ^^^^y^in every thing; but witha 11 it obliges e-
very man tonold his neighbours hands, it is very fhort
fighted,permits every one in the (hip to pretend to the
helm, vea in a tempeft ; through policy it is oft con-
f train d to introduce all thole deflations which ought to
be feared onely from envy, and at la t blindfoldedly gets
fuch falls, that it fcarce hath force enpugh remaining to
raife it ielfe on its legs againe. It hath Iwing of liberty
large enough, but fuch as is not proper to cure its owns
diftempers, feeing it is very dangerous for a man ( when
he may have other choice.) to be both patient and Phy-
fitian tohimlelfe.
Finally, Ifthis fupreme power fall into the hands of
a heady and of an unconftant multitude, it /s lodg'din a
great animall, which cannot begetter then in chaines.
This is the cifcTe*which we7o painfully move in withouT
tatistying'our dciires : And no wonder iceing feature
nTe very parus lick and dilkmper'd, and therefore can .
fmdereft in no pofture. Humane iawes grow out of vU
ces, which makes all governments carry with them the
caufesoftheir Corruption, and a complicatioii of their
infirmities ; and for this reafon they are ever deftitute of
vcrtue, proportionable to die devotions of our crazie
com-
(75 )
[complexions ; juft as the ftatutes of Trajan's gods were
Idifproportion'd to the gate of his Temple, out of which
( as Apoiodoms told him ) they would not be able to get,
if hee mould at any time fiand in need of their ak
liftance.
3 . Yet in the midft of thefe our fhiftina s and chang-
ings we are naturally inclin'd to one fort of government
more then to another , and it is obiervable, both out of
the Hiftories of the former Monarchies, and out of the
Moderneitate of the world, That the Eaftern and hot
Countryes which lye under the courieof the Sua, are
moft difpos'd tqtheliateof Monarch ya as in the large
extents of yfr/fy lurHe* Aftiid^ fPrruTwi Mexico K m
which later quanerortnc world, the people whonave
experimented both , are governed better and more con-
tentedly by the Spaniar dot fortuguife , then by the "Wfi,-
timder'3 whoarrbyfiKih meexcHfeiof kindhelleand
or cruelty: and as is recorded of the trench in Sicily, y/Jlo
one while would bee dancing in the Streets with thole
whomtFjtiylitfd<!6liquat!il; aijtt pfefCHtly afe w^uTt
"&J!!!l!WnUuiem upon paine of Death not to ftirre out of
their dores/'TJut in Europe and foneerer the Pole,
Countryes are dupos'd more to llepuElTques and po-
|mtrnntxTJfes^' temper d accordlnOp fundauientall
laws, and the authority or Jbiets and SenalsT Ntcto^
tarn ft rYiti'.tcm £ati pqjfunt unec totam liber tatem . Taci^
For this rea ion' tonie vainly fay»triat the Northeritjuar-
ter or the wor.'d is alwayes more imbroild in C iyiil
Warre then the Eafterne. Tor moujh'^ucTiluliclarrien--
t3*ll UJUks ilillTcir locieties ieem to confine as it were
on a banable ground, where a gap is open to uiurpaa-
ems', artdtofiirohlttfrSonc from^ another, >'et the lupTe-
'macyand ultimate rl'/ufr of power in iucfr ltates islo
cTefTiicl anS lodge!, that tfeey provide more effectually
^fcrtettfflinp 'then for Cher : growth* oMmbitiornrnd
fy'ra nny.^Seing therefore this tempeit wh ich wee live in
is likely to oe perpetiiah t tne belt way to ifeep in it, as
bur SavTour cud m nls. is to quiet air within, rather
ffleTluTTnTcrfferllyto clilpute any thins* withouT":" and
f70
to confider that we are now in face mundi, that wee can
turne to no fort of government which hath not in the
very conftitution of it a power to wrong us in all the
parts of Diftributive Juftice, Reward, and Puniih-
ment.
Of ftmifh "7 4. For to be able to punifh thofe who
«r.enr. Jmay wrong us, the power of the govern-
ment c whai. iocver it bee ) muft be above all other
powers, and consequently abiolute, without redrefle
orappcale. Maoiflrates are they of whom it may bee
'" r\?S' "V^^ty *aic* -Quinolunt occidere quen-
Of Rewards. Squam fo/fe Volant. As forRewards,
though the Governors were all like
Cdfars, and had his Kingdoms and ge-
Florus "<Lnerous minde, Gratis utcunque erit alijs
Sip fa beneficiorumpotentia. Befrdes all this
wedoebutabufeour fclves in prefuming of apleafanc
condition to be recovered in this life, be it either in
Senfe, Riches, or Honour: For really pleafure is here
{Of he pea ^unattainable, not fo much through a
fureofScnfe. jCiviil, as through a Naturall defecl:,
in the disproportions which are betwixt our Appetites,
ourSenfes, and their objects. ■
/ As for that which we 10 pompoufly ftile the ravifh-
/ment of the Senfes, or ienfible Pleafare, it is onelya
/ preientbein^outof thatpaine, which troubled usim-
/ mediatly before ; and when that is over, then another
^ prcfentlv begins to enter in the place of it. B elides no
man I believe yet ever was in theactuall enjoyment of
fo high a content, but he could at the fame inftanthave
imagined to nirnielfe fomeching of the fame kind a de-
gree higher; and his miffing of this ( whichin right
e ifon he mould not have expected ) indifcreetly breeds
4iis anxiety. The paines of hunger and of Repletion
fpurre us on to the functions of L ife, and Nature ac«r
"companying all our piinfull actions with fomefecret
promife of jov, under that charme hides^from us
what (he intends we fhall afterwards fuffer in our
fenfes,
As
{:
ITl(
po
or
{.
i
(77)
As for Riches, they confift in things f q£ ^j^, 1
without us, and were to be fought after \ j
above all things if they brought content, as well as
content brings them. If they be for reall ufes, then it
followes that he who hath not need of io many things
as another, isricheftof the two: and the fewer things
they be which relate to and concerne a man, thelefle
trouble af fli6ts him. Upon the whpjf wp may fay of
them with Seneca; aaipmmKrliura Penturi -
This reaf on abates much Iik'ewiie of X of Honour \
the price of Honour; which indeed even L ' S
m Princes is no better then an abandoning die dorrilHfc
CflUf LlltJlF dvVn uenbns "to take ^ the care ortnoufanHs
df Utllel's": jhor the wretcnedelt children in their Na^ti-
flflS $?J>e<5t ftrength and remedies from them in their un-
juft fuffeTlngs : ' j'ult as the wea ke Infant dothPhyiicke
in tne mifRe luckt from the"Nufies"bo_d^ which Is
w^elgenHtriefeby'? "" ,y"~
'tte'mo eodem tempore ajfcaui potefimagnamf^mm^m^
nam guietem: : tjuinctii.
Mgane people lye a'lf at tne roofs of Trces7 an^enjoy
tfldt quiet ffieTgT^hTch tfreywholit aloltlh^he^bowes^
ISjflnot.T'l hls'made Cafar feare Vomfeyslaxc, when hee
had got his power and became what Pompeyytzs.
tarn cinis'eJt^FXe tarn magno rejtat /icbtlie '"
l^efcioguid partam auodnonhene compleWurnarh.
The Old Phlloiophers conlidering this over-rkhnefTe
in our fancies and appetites , jet concludii^lnaFGoH^
and N*aiure madeno faculties in vaThV, right! yrfou5H^
^rreliciry and pleafure but of Mature, and beyond the
bounds of this jarring world : thev were o^clylunrligr
py in hdtdifcffhthg the right Objeft, ChnfUefus; he
rnthTBewnusoiaTw becauTenot fib- .
ject to change, nor anyway elementary. They who
Have faith to embrace ltrffirdie world immediately
^eneauTthem :, and the touridei'ablrtHTmfflTrtgnr^
il^lharlTgioijcbuias J Wind's blowing oF ' leavesup
and downe, lif^ich faffle it matters not which id-
umpsQyerjtnc other. ~-
In
(78 )
In the examination therefore of Rights , and of the
caufes how they are forfeited, The familiar canva-
fing ofthefe fuprcme Rights appea res (by whatispro-
ved before) to be che dangeroufeft. For it unloofens [he
very pins of Government , and fo lets all the Frame fall
into confuiion, and by that into the extremity of dan-
gers. However, because there may be jiift caufeof can-
tying the forfeiture of tbofe lights, according to thofctacitt
conditions, which are the ground of the peoples*.; aths,
as well as of the Princes , therefore I flialJ briefly fee
downe what they, who are for ffricSt obedience to
Governours, have declared long agoe upon the cafe,
together with their rcatbns.
"But as a ground to all their following fuppoiitions, ic
wi'l not be amifle to agree tirft in the competency of the
Tribunall from whence their determinations iffue.They
who derive neither from Prince nor people, but from
Jefus Chrift, as the immediate difpencers of his my-
lreries, interpole with greater aflurance then any ofa-
nomer Robe. But becaufe they hitherto have in this
differ 'd among themfel ves as much as any Profeffion;
5 . Therefore they have cauied lome to looke for a-
nother Tribunall to jud^e of them, and before an in-
tire refignation 9 to make ufe of private rcafons, toiee
whether there cannot be a diftinition betwixt the P after
of dominion, and the right of excrciftng itfpecijically by this
or thofe bands.
The Powers which are, cerive folely from God, by
whom all tlvngs Lve move, and havetheir being: And
becaufe this is a ficred theme, therefore many Divines
(' or rather Minifies of the hoi y C rder ) think the whole
quefliou is to be defin'd at their Tribunall by the text of
{Ac?s 17. ^8.1>tne Bible. But according to Saint Paul
' lout o-'Aratus and Hefiod, the Scriptures
doe notfofely difcover this power of "God, bu: only the
power of the new Creation : If it had been otiicr wife,
Saint Taul in ftead of appealing to Cafar, w^uld have *
a;ipcal'dto himfe.'fe, or to his ownc order. Therefore
the Miniftry is not the fole Judge even of th is.fr rflparc
of
(79)
of thedifiin&ion. The lawyer he only /peaks proper-
ly to the latter, becaufe it is injure ad rem, and con-
iifisin, and is fpeciried by Contract, and intholeta-
cite conditions which are cleared by the rules of naturall
Equity. Cur 2) ruids therefore, are not utriufque fori;
neither are they as the LeVites, Keepers of thole arcana
Iudicii <& Imperii , which God folely ordered for the
J ewes Common- wealth. The Lawyers therefore bejl
finde out the right y and the Miniftry befl perftoadc us to
makeconfciente'Ofit. Thus therefore I enter upon the
particular rates. j
6\ jkwho hath iworne Allegiance -and hdeffi
his
yed, and let at liberty, if His' Prince
abandon his Kin^dome. For upon rus own a£t7Kenath
and will have no ngnt to it ; and fo farre as he hath no
right, his fubjedt can doe him no wrong. Heewho
throwes away money (ut in jattumifsilium ) is no longer
owner of it. B ut in is to be noted, that he who ufes not
his own will , is not to be (iippofed to have abandon d
it,,as is Iargelier prov'd in the flrft part, c. 3. SeB. 5 .
Secondly, Ira Prince "give away, or fubject his
Kingdome to another Crowne, then he may be refitted
in it, notwithstanding any oath : Becaufe the alienation
of a Kingdome/ is not comprehended in the govern-
ment of it, and it is his government which is the ground
oftheoath.
Thirdly, If a Prince through mad fury or folly^eke
in a hoftile way the deftru6tion of this whole King-
dome, then we [owe him nothing by oath. For the
will of governing and deftroying a Kingdome,is incdn-
(ittent with it felfe. Hero virtually declared he would
not governe Rome, when he was letting it on fire* Thus
the Civill Law permits fathers to disinherit their
children, and children to disinherit their fathers,
(which the Cafuifts permit though they fwore before
.never to disinherit one the other ) if they have attempted
'' to deftroy jfne the other: for thereby they become un-
naturall, and consequently ceaie to be either father or
fonne, San* }>r*. 7. Stft. 7,
And
( So)
And this is that which the Law and the. Calhifts call,
folutioVinculiper cejjationem materia? y aid mutationem ali-
quamnotabilemfactam circa can/km juramenti principalern :
Sander fon in his Prtelec. j. fee. 7. faith, That the mat-
ter of an oath ceaieth, and is confumed, when the ftate
of things is ib chnng/d betwixt the time offwearing and
fulfilling, that if at the time of taking the oath, the ftatc
and change of things which afterwards follow'd, could
have beene then foreseen, the oath would not have been
taken at all. It fhould ieeme that this is one Tacite Con-
dition, which is afterwards as effe&uall. as if it had been
at firft expreft, although the oath at the beginning might
have been only in pofitive termes.
1 Fourthly, if the Prin ce have part of the fupreme right,
and the People tht other part, then notwithhanding an
oath of Allegiance to h im, he may be oppofed if he in-
vade tlKqtjicr^iL;^ tKis^Grotlus
faitihoIasTIT^lTarcli'aTnnce Safe the power and
right of Warre alone ; for that is to bee under/rood faith
he of fbrraigne Warre onely: Nor can we conceive
hovv that party which fhares in the^preme right /
carrpe witRoutthe right of derending itT"~infomucn tnat
if trie lJri n<x invade ^ the^j^erj/r^l^ Hfrnd'y' j faufi
he ) loiehiTright Rythelaw of VValtrr^uprerne right
( as isTargeher let down in the hrlJ part) confitts in a
capacity of making and abolishing laws, in levying gc-
ncrall Taxes, &c.
7. But all thefe cafes onelv fhew how wee are ablol-
ved in our owne consciences from all oath and contradt,
when one'partv forfeits his conditions firlj, m which th~e
difficulties are not very profound, wherefore now I fhall
endeavour to lliew, HcTto amanmay take an oath from an
nnjufl invading party, contrary to tbofc oat1 es-^bicb per bap l
bctookefir/l from the jufi party , Tbho pofsibly brakf no con*
/Utions^itb bim. This cafe I take to bealmpft the utinoft
of that which can be pur ; However I fhall fee what wc
may iav for our f elves in it.
8. There arefome Kingdoms which are considered
for the King and his &:.']elitaione : and'weecannotprcu
perly
(JO
perly call fuch, C^nmtm^iHreaitbs'^^vi& thereis no
Community <» neither ot L aw, nor of any "other right, be-
twixt Prince and People : but as the old Roman flaves,
fbthofe fubjedts, Kon habent capita in jure ; or as thofe
who were anciently excommunicated, of whom it was
faid, That they had Wolves heads, that is men might
Jrill them as pardonably as they might Wolves : Thefe
likewise had no community or participa ion of right ;
Excommunication then being more then a bare putting
out of table commons. Such fubje&s as rhoie, though
they be ^law'ci to the bones, and that their boo kes of
I awes be but bookes of account for the Princes deman-
ding their whole fortunes, yet they have not the right
icarce of a figh : Thcfemuft bring their Tributes to their
Coefar, like the mute fifh in the GoipelLand afterwards
areasiureasittopaytheir lives into the Contribution.
For God many times finding <ome nations groflfely pec-
cant and obnoxious to his fevereft Juftice, inftead of
destroying them, gives them up as a prey to another
Crowne : Thus were the /even nations; And after-
wards Ifrael it felfe was thus in the hands of Hebucbad-
ne^ar : for repining at whofe rigour they were exprefly
reprehended by God : which particular cafe is noj; a
generall Argument or coniequenc&^as lome argueicJ
for the manner ot government, and the ciuty or i a; itude
ofiubje&ion in all Kingdoms. The relation betwixt
iuchfub|6lsandf?ch Princes, comes not properly -in-
to the fcope of this diicourfe : for the more imme-
diate entry of which it is to be confideied by way of
objection, • » - . .
Obj. Sett. 9. That as contradictions are not verifi-
able, fo God who is truth it lelfe, cannot bee a witnefle
to them, unlefle it 6e to punifh them, But feeing m Cuch
oaths there is contradiction, How then can we hope to
be/uftifTed by God in taking them.
Anf. All that which hath been cleared above, frves
' mainly to ijelpe us in this difricultie, and to lead us to a
true harmony of oaths ; which fbme (ketch wildlv to
finde even in the Very termes of oppofite oaths, at le^fl by
G a
C80
a fecretfcnfe which they fay the fwearer hath liberty to
put on them for himfelfe, kuafipropofitio mixta ex mentali
&> Vocali efftt legitima ; which opinion is in lome manner
perhaps refuted above.
10. I conceive but two waycs of taking fuch oppo-
fite Oaths.
Firft, When it is in a thing wherein a man may juft-
ly prefume that the right party for a time releafes him of his
former oath or duty to him. This is meant during the War
onely, at which time Uiurpers never declare their fu 11 in-
tentions, becaufe they are not as yet certaine whether
they (hall finally poflefle the power whereby they may
be enabled to make good what they pretend; neither can
they forefee what their after necessities may be.
ii. Secondly, A man cannot by oath, or any other
way be oblig'd further to any power, then to do his ut-
moft inthebehalfc thereof: And though the oath for
the right magistrate be taken in the ftri&eft terms of un-
dergoing death and danger, yet it is to be underftood
al waves conditionally, as moft promiles are, 1>/^. If
the action or paflionm^y be for that Powers or Prin-
ces advantage, i ec us take the caie as we fee it pra&iz'd.
In an Army each man is or may be oblig'd by oath to
lofc his life for the Prince whofe Army it is, ratfrer then
turn back or avoid any danger; fuch an oath is ca!l'4
SacramentummiHtare : This Armv after having done its
utmoft, is beaten,and now the Souldicrs can do no more
for their Prince then die, which indeed is to do nothing
at all, but to ceafe from ever doing any thing, eirher for
him or themfel ves. In thefe ftreights therefore it is not
repugnant to their oath to aske quarter or a new life;and
having taken it, they are bound in a new, and a jull ob-
ligation of fidelity to thofe whom they were bound to
kill few hours before, neither can the Prince expect that
by vertueof their former oath to him they (hould kilj
any in the place where their quarter was given them.
They who live under the full power of the u n juft party s
may be faid to take quarter, and to be in the Ume con-
dition with the former ; and io have the liberty to ob-
ligc
(83)
ligethemfelves to that which the Prince may now ex-
pert from them, l>i%. tofwearto thole under whole
power they live, that they will not attempt any thing
againftthem.
All that this amounts to, is, That it isf rater, non contra
prius juramentum ; and as the condition which was the
ground of this promiffory oath is fuch, that it is impofli-
blc for a man in it to advance his parties caufejb is it im-
possible for him to be bound to an impof sibility,
13 But what if the ufurping power fhouid exa& an
oath in termes more tcpugnant to a mans conicienee I as,
That he (hall now fweare not only not to do f (v,^ "7
any thing againtthim, but to do all he can l J
for him, and befides will have him fweare, That the
very right ofthecaufe belongs to him, and not to the o-
thcr party, as in Edward the Fourth, and Richard the
Thirds cafes, &c.Inanfwertothis I firftfay, C \
That probably the man call'd to fweare LAnfw* 3
liere, formerly oblig'd himfelfe to the other party by
oath, but not as if that party politively had a clear right,
but that he knew none who had a clearc r3 and therefore
upon the fame ground, he may neither fweare action
nor pofitive right to this party ; Though my hand trem-
bles to'write further ofthis cafe, perhaps as much as his
would, who fhouid come to fweare it taSHs tvangtlm^
yet I flnde great Doctors who have taught us thatwhich
favours oaths in fuch termes ; Not as if they had a Po-
fitive or Grammatical! fenfe in them^but that they require
oniv that we fhouid do nothing contrary to the termes
of the oaths, or of their fenfe, which is as much as to
fay, That though wee know not wherein that parties
rights pofitive/y confift, yctwetakeour oaths that we
willnot do any thing to weakenhis pretenfions.T hough
this fenfe fatisfie not the terms of the oath in their rigour,
yet thofeDo&ors fay it may fatisfie the fcope of it, be-
yond which a man is not obli^tt unlefTe he will himfelf.
For inffance , No man could formerly bee admttted to
die Minifuy in our Church, un!effe he fubferibed firft to
the Articles, Liturgte, Canons, andjurisdi&ion of our
& G 2 J Church:
(84)
Church: And though there were a great contradiction
betwixt the Arminian, Epifcopall and Calvinifts opi-
nions in the matter to be iubfcribed, yet they all con-
curred in this, that they might fubfcribe in this fenfe,
Firft, that they meant not to ditturbe the peace of the
Church for any thing contained either in the Articles,
Canons, or E pifcopall Go vernment, whatever their po-
fitive opinions about them might bee. Secondly, Tnat
they thought thofe in a faveable condition who
conformd to the ftri&fenfe of them. And this they
conceived was all that was meant by fubfcription ;
Witneffe MafterTHkngWf/?, who onely wqtes 15
much, bUtthe'Ubaol'sandUivinityProfeTrors at O'x-
T^cenfed the printing of it. and the Arch-Bifhop pre-
fentedittohisMajelty,totnatit paliecTan avowd ienie
tSbmirithurcn-Mltf'State: f
14. W^ereit not, but that ufurping Princes have ix>
much of the Ccefar in them, that being once by their u-
r Why Penelries ~) furpations ingaged, they cannot flop
Vhe beft fecuri C till diey have acquired all they aimed
K ties for Frinces f at ( as he did who becatife Rubicon was
frights. -)paft,Zf£ quiajacia eratalea, could not
reft till he had fupt in the Capitol ) they would finde it a
greater fecurity to put a penalty upon thoie who fnould
queftion their rights, then to force their fubje6ts to ac-
knowledge their pretenlions by this oath. For iuch an
oath may be broke in the verv taking of it ; and he who
fcrup'es not to forfeit his oath for feare or interefi will
difavow any pretended rights whenfoever he (hall ft are
inLubricQ.
CHAP.
c*o
Chap. IX.
Whether in the Violent Changes of fo many
Princes and Governours ( as above fpecifi-
ed)and after the killing of five Royal!
heirs and fucceflburs^ the people who theft
fubmitted, broke any Oathes of Supre-
macy or Allegiance >
$ i. Why affertory Oathes have no conditions to fufp end
thtm from immediate expiration*
2. OfVifpenfation.
3. Of Absolution.
4. Falfefuppo/ttionsfor Abfolufion.
5. Of difpencing.
6. Of the Violation of an Oath.
7. Of the Ext inclion of an Oath,
2. Of the Sokmne League and Covenant its Obligation and
Ext intlion.
9. Of the Extinction of the Oathes of Allegiance and Su-
premacy.
10. Wee canfweare nothing [imply necejfary.
1 1. Whether the Oalh of Supremacy inferrs that of Al-
legiance.
12. The Negations offupreme right.
13. Plenary Poffejfion the condition of Obedience gr Alle-
giance.
14. "the Oath of Supremacy containes nothing of Posi-
tive right.
,15. the Various acceptions of the word Lawful!.
\A/E have hitherto treated of the tye and making of <s^%
* Y an oatfi, now wee will confider the various
G 3 wayes
(86)
vyaycsofitsfolutionand ending. Wherefore after ha-
ving fhownc that the Pa6t or Obligation of a promife,
and of a promiffory Oath is all one, that the Penalty
of it relates onely to our future feare, and to the time of
breaking it, nottothetime of our holding to it; That
tacite conditions are innate to all Promiflbry Oaths,
of which they are the life and death. So that when a
man hath endeavoured all his Moral! fnot his natural!)
pMTibilities for fulfilling fuch Oaths, and the product
comes out different from his ftneere -intentions, which
he had at the beginning, he is abfolutely freed; And
that the condition of a State Oath is even in the fenfe of
Princes, nothing but plenary poffefston; I could think
that out of all this there hath beene enough fay J to (lie w
how the People of Enaland in thofeconfusd and con-
tradictory changes of Governours and Allegiances,
were nbiwirhftanding free from breaking their" ( aths
either of Supremacy or Allegiance, which I (hall
now further examine and Co conclude this treatifc
of Oaths.
Oaths ufiially are faid to end fotire wayes,
ByDifpenfation.
\2 Absolution.
\ 3 ExtinBion.
4 Violation.
In the examination of theft we fhall briefely call in
all that which preceded and which may moft glance
from thole times upon others which may follow
Sett. i. But it is to be noted, that none of thofc
foure expirations relate to Affertory Oaths; For they
being oncly declarations of our meere bcliefe of ibme-
thing pari, with aflurance that we exprefle nothing frau-
dulently, they have nothing of Icgall Pacl or obliga-
tion in them, or of transferring future rights to others
upon them, no more then when a man by th* way of a
Narrative tells either a truth or a lye.
Thofc foure expirations therefore, are only of Pro-
miflbry Oathes : So that haying found their relation
we
r«7)
wee (hall the eafier defcribe their natures.
2. DISPENSATION is whenin aPromi£
ibry Oath the* Principal I voluntarily waves his part of
right, after which the promiflbr is freed from giving
what the other will not take, but remits back again,
Becaufe God can wave his pare of right in promifes,
orpromiffory oathes made to him, therefore if they be
made in relation to /acred things, from thence the Pope
onely who ownes himfelfe to be the very mouth of Godf
and to have that fpirit of his Collectively, which is gi-
ven to others more diffuiedl y, pretends to diipence from
Gods part ofright, and thereby to put an end to, if not
fulfill fuch on Oath with fecurity tothefwearers
3. ABSOLVTION is where t Wo fwearers
wave nothing voluntarily themfelves in their mutuall
rights, but a third perfon which hath no part in rhe
Oath, and hath fupreme power over, and right in the
perfon or perfbnsfwearing, and to whom the fwearers
have more principall obligations, then they can have
to one another, pretends by the interpolation of his great
Authority tofeparate and loofe both fwearers, /o as they
(hall be fecure likewife from any penalty mentioned be-
fore intheir Oaths.
, Thus in Numbers 30. the Father could not &> pro-
perly difpence , as abfblve his Childe from the vow :for
the Parent had greater riftht in the Childe then the
Childe had in himfelfe, or at leaft -in the actions or
thines which the Childe pretended to do or have. Thus
the Pope againe by a fuppofed vertue of eminent Autho-
rity pretends to abfolvethofe who yet would not freun-
tyed, as when he oft undertooke to diflolve the relati-
ons betwixtfbme Kings and fbmc People.
4. But as this hath feverall wrong fiippofitions, fb
ham it fbmc very repugnant to the right of his Autho-
rity. For he fuppofes two things true, which are ex-
tremely falfe.
Firftthat all Oaths relate to God, not onely as a
witneffc, but alio as a party, in a mans giving himfelfe up
to his wrath by the way of Penalty .-whereas God may
G 4 *>c
(88)
be attentively invok'd by attention without hnpreca-
cation, io that there is no right to be freed from in iuch
a caie.
Secondly,that the Penalty of the C ath due to God is
part of the Promife Daft* or tye, and io consequently re-
lates to his right of difpofing or difpencing,
5. In diipeniation the oath ends by a voluntary cefli-
onofthe principals right; In Absolution the authority
ofa third perion intervenes and neceisitates both parties
to wave their rights.
6. V I O L AT ION of an oath puts an end to it, not
by a natnrall deficiency of the things iworne to, but by
a corruption offraud or force in die parties who fwore,
Thisisthei.iddeftconcluiionofanOarh, and is (as it
were) a death of Murther, yea of felfe-murther, nay
if Credit be given to fome Arguments, a ftrokc of
felfe-murther, which likewiie reaches thoulands others ;
Forinthofeconfusd24 years above mentioned, when
five heires & fuccehours were kild,when one Supremacy
and 1'egiance was broken, to introduce another,fome
,, fay the Peoples confciences then were likewife wounded
by the Infidelity of their Superiours, Which becaufe I
den v, and from thence affert, that they in thole Changes
broke no oathes of Supremacy or Allegiance, therefore
I pafle from the Violation to the Extinction of an Oath,
where it (hall be particularly blhidled.
7. EXTINCTION of an Oath rr when the
things promiied,of their owne Nature (or as the C. 1 aw
faith, per maj ores fa/us Qia fit $\&vy by extraordinary Ac-
cioencs and the power ot Heaven ) receive not io much
Change in their relations, as1 Extinction, confumpti-
011, or ( as I mav fay) Annihilation, contrary to the
prayers, wifhesand fincere wills of the Promiiiers.
Inrhiswee iee that the deficiency or com/ption of
poisibie things without us excufes when there is no
defect or corruption ofour wills within us: (o that fuch
an ath cannot be kept from expiring, though it may
be from Violatbn, and I may lay, that it goes out like
fire, by extinction rather then by corruption. The a<ft
of
(89)
of fwcaringaddes nothing fomuch to the duration of
C bligation, as the confifkney of the things fwornc
doth.
8, Two examples for this extinction may be given:
but firft of that which happens in Leagues or Cove-
nants made betwixt iupreme Powers of feverall Nati-
ons, and fo as the People of each are likewise fworne
to co-operate con jointly, but yet respectively by the in-
terpofition of their ieverall Magiftrates, by virtue of
whofe authority they pafle (for fomuch as is exprcft)
into Vnion one with another, and into action againft
others. This I confefTe is a rare Cafe and fuch as
perhaps Hiftory can hardly paralell with that which
was lately thus compacted betwixt the Nations of Eng-
land and Scotland.
Their Parliaments ha ye had great difputes about the
interpretation, & extent of this League,all which Con-
troversies might compendioully be redue'd into this
fingle one of Supremacy, Who had the right of Judging
the other, or of fentencing the bare ^KegleBers of the
League Nationally, "Kith the Penalty of Tbarre, f '
fuch things were in terminis authorized in the
and that the breakers of it were left where it
found, Yi%. in the pretence of God to whole Iudgement
day they remitted the fentence of all after-fraud, and
fuppofed the Cafes of warre the fame in, and afcer the
League,as were before it, and as are dehnd for all the
world in the 1 a wesof Nations.
How dubious foever the difpute may be betwixt fuch
tpubl que Parties, yet fbure'groiTc contradictions were
very evident to moft men, out of which private mea
who {wore it, may now conclude themfelves innocent-
ly freed from it.
Firft, that whilft the Scotsargued the^ breach of
Covenant hereT they really brofoTTt thernlelves accor-
ding to theTenfe^ftheir owne Prmcjaks.. by dividing
the King from agreement here and the P eorfe one from
JHrvvading the whole Nation it Telle
sT This was a breads i o tarre trom being" du-
krs of the .
, feing no V/
he League, f\
i they were /
r$>°)
fab!y againtt Covenant; yet they grounded their warre,
and all the Accidents of tf^n UoychaTiCTtldlf 'b"v arty
of them the Kin^ had been kiM either m fticld or City,
beioretHe iatistadtion they calld tor, Bis death had been
violenLyet nojCovcnant had been proken,neither fhould
they wno nag llaine him, have answered 'tor his blbocfj
Thirdly they fay, that change of Government is a
breach of League, gcyctwitTi jfre^thc Covenant is the
fupreroeltlanciiontnat ever was made lfl 'i SUiS3 'Vtl
fna^eTvithoutain'n^T^ndlslobeofrerd, even to their
Kings and others, as the firft thing which' determinrall
jvingsanaotners, as inc nrit tning wnicn qcrermins an
diherrighls grounded on former lawes; It changes die
relation and (ration of l'erlons. grounds of Policy and
Oathes.of Supremacy and Allegiance, and calls for
nv^andnnTates to preierve thet Wnanters in anv
rermc^ ahdin any opposition againft any Perions. As
ITwasma^ foitis eftablifhed without Kings and a-
gainit Kings, The 4irKepy their ueclaratVori' of lite
u/y la^^ftatetnclujfe^
_^irKeDytP
fhtetfieIufeemalV<5f I
tinc}^ rflyiff'lh^ />.' li i . I ij I hat their king after his '
ronatiohailuretneni under his Hand and Seale, That
he willeftablifh Presbytery, theOirc5torv,Contetsion%
MiHMi^i;|«g^ftvz^iMiiT3CT:<ngmryi
mmionSy and tnat ne wurnever endeavour any ^dnagge
thereof. ~
"T^e fourth and lafi Contradiclion'is, that feci
rTfr
DSJB6
>ke bv
Covenant hath beene : more tfien i fraudulently" broke b
that N ation, 16 that the obligation toTnc ^ovenanr?«5
Lbfailfl0rt^t7o^iya^tis dilfolved; and ' S5t we
aiioranttthatNJational'i Te'ague ought to be obfervd
in all points conjunctively, othcrwifethe Violation of
oncpartputsanendto the whole, as he who in Gods
Covenant breaks one Commandement breiks all, yet
sither through pafeion or policy, they would have thofe
who took it in private places and callings undcrfiand
that
(91)
Outof tneleContradifliqns one truth comes dearly,
llilf this oath or League qt' the Nations is at an end;
and the Magistracy of' which Nation foever it was ^ac
guiltily broke it, and put an end to it by Corruption , I
am lure the people ofprivate callings who tooKe itj arc
thereby innocently difcharg d from it, as a thing dead
toThTrrrby the Way or t Extinction , and wnicn tiiey
coulci not hinder Dyreaion ottneir private capacities.
Jutt as 30. JXum. 16. where the Child vowd "and Kvorc
le fame thing with the Parent, but was free from break*
ins; it, if his father violated it, and would not have it
ful fill'd ; in which ca/e the Father is charg d with what
wasamifTeinboth.
Now I fhall more particularly examine what I before
promised in the Violation of' an Oath, Yi^Wbetber the
people of thofe twenty four years contradictions of Suprema-
cy and allegiance , broke either,
9. Here I aflert That the people who arefor the moft
part paffive, and ieldome a Con-caufe of their own efta-
blifhmentjthough falling into, & neceflarily giving way
to great changes, yet break no Oaths of Allegiance or
Supremacy, what ever the other publique part of the
Kingdome doth as a caufe of it.
For both thofe Oathes are Politicall ties, but with
ieverall knots. That of Supremacy is moft AJfertory,
without^obligation orPa£, and is <De claratory only of
fomething paft, and therefore is at an end , yuatentts Af-
fertoryy (0 fbone as (aid. That of Allegiance is more Pro-
mijfory, and therefore cannot pofliblybe without the ha-
zard and expectation of a future condition to fulfill it#
Neither one nor the other are acts of fcienee, becaufe
not of things neceflary, butthc AJfertory relating to an-
cient Compact, is an ad of Faitb , depending on the
Probable evidence of what is paft ; and the Tromijjory is
an z€to£ Hope, relating to that which is pojfible and to
come.
10. For it is to be well heeded, that we never fwear
any neceffary things in Promifibry oathes, becaufe to
us
■#
us and our Actions there is nothing necefTary. We
fuppofe a continuation of the force and courfc of Nature,
and coniequently make the rifing of the fun to morrow,
neceflary;yet there is a great deal of difference in (wear-
ing to give Sempronm a hundred pound if the fun rife to
morrow, and to give him iomuch to morrow, if the fun
rife to morrow : For he or I may d ie, or the things in Con-
dition may poflibly, though not probably change, &c.
Forthisreafbnwemayfafelyfay,Thatif by the ap-
portion of fo fear full a Penalty in the Oaths, we can le-
cure our felves from traud in the prefent a& of fwearing
either of thole Oathes, that is all we can be fecure or:
as for the reft which we hope may fulfill one of them,
it is neithemecefTary nor poilible for us to reckon up all
the Circumstances which might afterwards happen to
perplex the futunti on of thing promis'd, though it felf
be poflible.
ii. In the arter Additions it will be proved that
Protection infers publique obedience; In this Chapter
it fhall be examined, Whether the Oath of Supremacy in-
fers that ofMlegiance ? which is as much as to fay, Whe-
ther my fwcarins or Aflerting the particular right of |
fuch a Per/on or Family, obliges me never to give pub-
l que obedience to any but him or them f
If we will underftand Protection to be the fame with
Supremacy, and Cbediencetobethe fame with Alle-
giance , then there is the fame meafure of Inference
from one to the other.
Ob. But it may be objec~ted3That there is as much dif-
ference betwixt Protedtion in that fenfe , and Suprema-
cy in this, as "is betwixt Might and 9jght : whereas
the matter of Rkht is the only thing in the Oath of
Supremicy, and from the Evidence and Unity of that
ri^ht, we may know our particular Allegiance, thead-
miflion of that one right but in one perfon , being the
neccflary exclufion of ail other pretended rights in all
other perfon s.
Anf Sect. 12. Foranfwer, Ifhallfirft fee Negatively
what kind of %rt me right every one grants this can-
aotbe. 2. It
(P3)
Firft, his not a right held out to us by divine or un-
doubted Evidence.
SccondIy,It cannot be a right of Pachas the people of
this age pleafeto fancy or make it.
Thirdly , it cannot be fuch a right of the prefent
Prince or his PredecefTours making, unlefs we can lcale
up by the degrees of fb many preceding perlbns., as reach
directly to the Family which was original] , either in
birth or Pad. For I fuppofe they who io icruple under-
itand right, asitisoppos'd to Injury, again it whom-
(beverand whensoever: andiffo, then no intermedi-
ate in jury can this way be made aCaufcof a clear con -
feientious right in any other Commanding perfons a£
terwards , no hot by the Quantity of timers is exprefle-
Jy proved injthe following chapter of Preicription.
Laftly, it is granted, that fuch Oaths of Rights can-
not oblige to Moral 1 or Naturall impoflibilitics , fuch
as istogivea&uall obedience to none butthoie (who
for ought any mortal! man knowes ) may never be en-
, abled actually to Command : This were to require a
ifmanto fubject or put himfelfe under one , who is not
over him. If that which is declared a right, be not fo
before, no mans declaration of it as fuch, can by a mi-
ftake really make it luch tohimfelfe, nor oblige to the
Confequences of it as fuch.
Wherefore I fay^That Obedience muft now be conti-
;] nued upon fome other Pofitive right, which I here feek
after, and fuch a one as will (land a fixt and perma-
nent rule for all lawfull Allegiance or Obedience.
13. We all come thus ne re, and confefle that there
% a Condition innate to all Promiflbry Oaths, and by
confequence to that of Allegiance ; And by the prece-
dent Negatives of right _, wecanfindeit no where but
in Plenary pofleffion, which likewifeis very much fa-
voured by the intent and fcope of the laid Oaths.
14. The words of the Oath of S uprcmacy point only
.at a Negative right, and fhew who hath not fupreme
right, vi%. neither the Pope, nor any forreigner ; and
the rcafon of that is cleare, becaufe no forreigner can be
preiurnd
(. 94 ;
prefurn d to derive a right of family over this People,
as others of our own Country and cohabitation may;
Thole words which relate to the perfon governing,
cxprefle nothing of right, but only otfact, Vi^ Thar
we declare him tobcthefupremc Goiternour, by which
I conceive is meant fojfejfour* The word Lawfull is
ufednowhereinit, favc where the prefent Govcrnour
fpeaks of his lawfull heirs and iuccefTours, and not at
all concerning his Lawfull PredeceJJours y to whom he
was a fucceflbr. King Henry 7. ( in the law mentio-
ned at the end of the next Chapter ) gives the reafbnoi
this, it riot being a thing allowable for the People to ex-
amine Princes rights, or toinfbrmcthemfelvcs of the
juftnefleof their Quarrells. Queen Mary, and Queen
Eli^ : in their A£ts of Recognition , confirme their
rights by that only of their Father, higherthan which
neither of them goe, and mention his Authority as usU
by him , net receiVd from others in Title. To {hew
further that this is no contrived interpretation, it is to
be noted that when the Oath of Supremacy was refor-
med ( 1. Eli%. and 5. Eli%. cap. 1. ) there was a Pro-
vi(b relating to Admonitions of 1. hli^, 1559. con-
cerning the fenie in which every man was to take the
laid Oath, In which the Queen accepted it as iworne in
oppofition only to fbrreigne pretentions, and (as the
words are) due to IQngs and Queens po/jijfours of the
CroVmc*
It were repugnant to that rmine Political! condition
of Government . if in an Oath of Supremacy or AN
le^iance' it fhould be inferted, That the prefent GoVer-
nours right Jbould he ackjiofp ledge d only as receiVd from
hit lawfull pre deceff ours.
15 . Wherefore Latofvtt in King Henry the 7th. time,
fipnified no more then the fupremacy of the Kings pow-
er being in poiTetfion. In Queen Juries Oath of Al-
legiance, the word Lawfull was apply cd only to Heirs
and Succeffours, and fignifyedonly a Lineal! and Na-
na*.'11 Legitimation in refpe& of the private marriage
pf Jber Parents, as thote fucceffors were no baftards;
not
notlawfull Civilly, in regard of their lawfuil publique
marriage to the Body politique, according to ancient
and original! Contract, whereby they the fucceflburs
appea re to be no i flue, either of a Rape, or of tho/e who
kill'd any former Husbands,as five heirs and fucceflburs
were, in the 24. years time here premis'd.
It may be laid that the Oath of Allegiance is more
peremptory, and fwears us to declare the King being
to be theLawfuIl and rightfull King, &c
But feeing the words uCbfull and rightfull here, can-
not be underftood contrary to the former Negative ac-
ccption of right, and thatPoflefsion is the great Con-
dition for our Obedience or Alleg/ance, there remaines
then no other fence for thofe words, but that they be
underftood thus, Vi%: That we know none who hath
acertainerright ab origine then the King being. And
that this right muft needs be a comparative right, appears
by the validity of that right in wpremacy which they
fay infers this of Allegiance 9 wherein the prefent
Kings right was immediately put in counterballance to
a Foreigners, which was to be ejected as uiurped;
Vid: Acl for reftor: the Crowne. 1. Eliz.
Howfarreamanhath right to obey thofe who may
not have right to command him, if poffeft by them, is a
queftion of fome reflection here, but fhallbe treated in
the Additionall Chapters,
Thus much concerning the nature and harmony of
oathes . Now it remaines onely to fpeak to the laft diffi -
culty of this fecond part, which is —
Chap. X.
C 9* )
Chap. X.
Whether upon the iffue of a war and the
expulfionof ajuft party 9 man may law-
fully givehimfelfe up to the finall Allegi-
ance of the unjuft party or no ?
0 1. The troubles of Warre end not prefently with the
Warn.
2. Wherefore a fir ill government is neceffaryfor tbofe who
conquer in a Civ ill War re.
3 . Waerefore We cannot [wear to obey none but fucb or fucb
Governours.
4. When may a man judge fucb a party or place 1o be con-
quered ?
5 . Woat conquefi or acqulfition can never be juftified.
6. Of Ferdinand King of Naples his Ceffion. .
7. Of the Society of mankjnde.
2. The cafe of places tak^en on Frontieis.
OVa reflexion on that which hath been already ex-
"amined, this laft Queftion may feeme to be but a caft-
ing up into a fumme,all that which is gone before. Phy-
fitians to adjuft their remedies aright , confult the time
pall , prefent and future ; and Co fhould we in all thefe
cafes, if that which is Civil! had but as Uniforme Prin-
ciples as that which is Naturall. For if a peremptory
alient be demanded of us in a matter which hath con-
nexion with the time paft, the evidence of that depends
only on the credit of ignorant or difguifed Hiifories,
and not on any which we durft peremptorily fay cannot '
mifinformeus,
Segriws
(97*)
Segnim irritant animos demijfafer aurem
%uam qu* funt oculis fubjettajidelibiit, 6° qtU
IpfeftbitMditfpettator. Hor.
The time preient is governed by the wils of men, which
are myfierious one to another, and are lb covert and ter-
pentine, thatthey who fit in Councill together, rarely
penetrate one another : As for the future winch relates
mainly to this Queftion, thac depends folely on his Pro-
vidence , who never tooke humane reaibns into his
Counfell , and for the moft part produces events con-
trary to, or beyond our hopes and machinations.
Here therefore we muftiuppofe an unhappy War, as
unhappily ended , and according to the variety of hu-
mane condition, that the usurping Prince rides now in
his Triumph, and that they who follow , if they doe
but figh, fhall be punifht , as if they intended to be-
tray their Countrey ; fothat now there rem.ines no-
thing to be done, lave that Im dandum ejifceleri. All the
Ufurpers pretentions are to be avow'd, and nothing is
concealed which the power of the place is able to make
good.
Se ft. i . But though the War be ended , yet its troubles
and miieries d©e not fo ibone ceafe with it :
Bella mobet cHpeits, deq; armisarmaferuntur, Ovid.
Waves after a tempeft a re obferv d to rage,though the
winde which railed them be downe, and thofe rcfl acti-
ons do not fo quickly unite in a calme peace, as to make
the Sea presently become Heavens looking-glafTeilw^f-
fefto Vitellio helium magti dejierat9 quampax cceperat. Tac^
The Ufurpers refolutions towards the winding up of
all. are naturally furioufeft ; and good reafon too ; for
juftice here allows h m to be feverer for peace , then he.
was for Warre, That his dangers might not be infinite,
he is obligd to pull up the feeds of War; otherwise
infttad of taking it away, he would but defer it.
2. Civill Warre is naturally more fubjecl: to theft
rigours, tjien other Wanes : Beciufe they who yefter-
day were Enemies, would be inhabitants al wayes . The
conqucrour fufpecls that thefe will be the firft infringers
H .of
(98)
of hisnewLawes; the violation of which ought at the
beginning to be feverelieftcenfured, as of dangeroufeft
conlcquence : according to which reafbn, God himfelf
gave ientence of no lefle then death on a gatherer onely
of flicks, immediately after the promulgation of the
Sabbath ; and Ananias and Sapbhas firft hypocriiies
andmockingsof the Holy-Ghoft were rewarded with
no lefle then fuddain death ; though now adayes the like
be ordinarily done without immediate ientence. Where-
fore for thefereaions though the Ufhrper thought not of
efhblifhing himfelfe in an abfblute J urifdi&ion , yet ac
laft he will finde himlelfe obiig'd to fecure 'his coiiqueft
by the fame meanes he obtained'it. And <frido gave JEnxm
the true reafon of the fame cafe.
%es dura & regni noVitas me tafia cogunt
Moling fate finescuftodetueri. -Virg.
3. We {Wild be exceeding happy, if in themidft of
thefe imbroylments we could now Anow Gods decree
concerning *the Princes and Governours which he
would have raiglie over us. as certainly as the ancients
did by his revelation and Prophets. Yet though we
loiownot Co much, this we know aflurcdly , That the
great changes of Government happen not by chance,
but by ordef of the molt univerfall caufe , which is the
fountaine of Dominion. God's Image in Adam by ma-
ny Divines' is underftood to have been his Dominion
over the Inferiour Creatures of the world,and fincehim
we finde that none are call'd Gods but Magistrates;
For they like God are moft known e by Commanding.
It's obferved that Mofe s in the firft of Gen. names God
limply without any attribute, but in the fecond Chapter
after the Creation was finifht, alwayes calls him (Z)0W/-
wis ftem ; hereby exprefTing his right to order, what be-
fore he had produced bv his efficacy. From hence wc
can well conceive why God fayes, !By me Princes raigne ;
Tor the governing foyers *tobich are, are of God. God hath
declared that he will chaftize and change Princes, and
f Dan. 4- 32. 7 Governours ; and though now we may
\PfaI. 7>-7*S cioiibt of their Families and pcrfons, yet
1 when
when wc fee she changes and chaftifements , we may be
fare they are by Gods order, yea though the in va ding or
Succeeding Governoursbe like Iebu, ISUbuchadne^^ar,
or thofe who (hew us a ievere though a 1-ecret part of
Gods J uftice. Wherefore it carf be no lefle then linne
in us, or treafon againft God to fvvear we will never
obey any but this or that Prince, or State, or any but
of fuch a Family, or to think that none other fh all raign
over us but fuch. For this depends on God s Prov iderice
and Jufticc, which lets the bounds to the duration of
Governours and Governments.
fuperat quoniam fortuna, feqttamur,
guo%y>oeatVertamusiter. Virg. j
Quid quifq\ Ttitetnunquamkeminifatii
Cautum ejt in Boras • — .Sed impro^ifa
Vis rapuit rafietq; gentes. Hor.
We are bound to owne Princes fo long as it pleafes
God to give them the power to command us , and when
we lee others pofleltof their powers, we may then lay,
ThattheKing of Kings hath changed our Vice-Roys:
but then the difficulty will be this.
4. When may 4 man rightly judge the inVadour to be in «
full pojpfiion of his conquefl ?
This is considerable in regard of the time when we
are to give our felves up to a new Allegiance : For an
Army in a Countrey doth not Rill poflefle it, becauiein
few dayes it may be repuls'd againe. Thus Bannibd
though he quarter d about %ome , yet the fields wherein
he quarter'd were fold in the Towue at as high a price as
before.
A place therefore is judg'd'to be in full poffefsion,
Firft, When it's 16 held that an other power as gieac
as that which holds it, cannot approach it without great
danger.
Secondly, when there is no probable hopes of reco-
vering it. Thus of a fhip ( which is a moveable ) the
poflefsion ©f twenty fourehoures is a Title in all Admi-
ralties • becaufe of the improbability of recovering a
thing fo hard to meet with Ea definunt nop a ejfe qu* no*
H 2 ftrty
(ioo)
/Irani perfecutioncm & recuperationemefugiunt , (? audt ex
feiffii non bobent animum rcdeundi, ffm cie acqui. rer. Horn.
7.44, Thusthejcwes were to obey and to pay tribute
to the Romans when J erulalem was taken.
Thirdly, when the party overcome doth by forne acls
acknowledge the Invador^ for the iupremc. Thus the
Senace could plead no excufe for Ctfars murther, whom
themfelves acknowledged iiiprcme after the iucoeffeof
his armes.
5 . Yet there is one kinde of ufiirpation , which by no
pofTeffion or prefer iption can ever become law full, and
aChriftian can never fubmit himielfe to it, without
wounding his conscience and faith. For it is that which
is founded in impiety and blafphemy ; and yet would
beforct upon us, as by Gods order, and by title of
triie Religion. Such Invaders as thefe though they may
fuccecdone another, yec their lucccfli on and poflefiion
cannot legitimate any, becaufe no prelcription can run
againft God. As this authority is grounded in the depth
oif all impiety , itpretending a jurisdiction both in hea-
ven and hell, boJy andfoule, fpirituallandtemporall
rights ; fo to aisift to introduce it into any place, can be
no leffe then the height of treafbn, both againft pod in
heaven, and his Vicegerents on eanh : for thereby it
is endeavoured indirectly, and by juft confluence to
alienate and transferee all Soverai^nty to an Idola-
trous Prieft ; and an aisifting to the mailacring of tiiofe
who are not of his Idolatry.
Fourthly, a place is fully poMeft from the juft Prince
or State. wrhen they become private pcrfons , and Jo,
fubjeitedto the power of another Magiitracy, which
the Civill Law calls, diminutio capitis, oracivilldeath.
In this cafe they who were formerly their iubjeets need
not now fcrupleas if they durit not doe this or that, as
bein<* ignorant whedier their wils difpence them of
fuch or fuch duties in order to their rights. For it
is to be presumed , that the expell'd Princes, or Senats
wils are, That they would not have them hopelefly
begin the initeries of a new confiiiion for them : It is a
bad
(101)
bad way of remedying an evill , by renewing itwith-
out any hope of recovery. When the cafe is thus, they
ought to let the people enjoy , Tuta & prafentia , and
forget Vetera & periculo/a. If their fu b jeers were iure of
their wils, and as fare, that by their owne powers they
could refiore them without an univerfall calamity of
their Kingdomes, then their endeavours were more rea-
sonably due to them. We have not now Gods revela-
tion for the particular events of things, wherefore we
a*e excufable if we confider the probability of the
meanes: Cur Saviour would not have a Prince begin
a warre with ioooo men againft 20000. Befides eve-
ry thing is more favorable for peace then for warre :
And to what purpo/e is it to take part with thole who
are as it were dead, againft them who are alive? The
Law £jppofes a womans husband to be dead, quando
mortuaefi. J}es enm re\ifendi> and for that reafon fhc
may then tranfire ad alia Vota , though he be not then na-
turally dead. And if poffesfion was really the trueft
evidence to us of their rights, then it is equitable to fol-
low it full, though it be perhaps in a perfon of more in-
jufticc then they were.
6. AsthegoodnefTe and prudence of Ferdinand King
of Naples was admirable in this cafe, lo I fhall faith-
fully tranflate it , as Guicciardin (ets it down.
Charles the eighth of France invaded Italy npon a^re-
tencetothe Crowne of Naples ,* Ferdinand was newly
come to the Crowrne, but unhappily fucceeded two,
who by excefleof tyranny utterly difob!i»ed the people,
fb that though he was a Prince very debonair of him-
k\fc , yet the remembrance the people had of the former
mif-governments, together with the cowardiie of his
Captaines , afforded him no other newes, then the dai-
ly lofle of Armies, Townes, and of whole Provinces,
even to the gates of Naples it fclfe ; whither Charles
was now advanc't without having fo much as dif-
chargd a Piftoll. And becaufe Ferdinand found Na-
ples, and the Countrey behind e it, ha! fe dead already
with feare, and ready to revolt, he refolyed therefore
H 3 nc;
(102)
not to expose them to mine , by {fending out perhaps
only a little while for him: Wherefore he fiimmon'd
all the Nobility, Gentry, and prime Citizens to wait
" on him at his Pallace; to whom when he had be*
" waild firfthls owne undeserved calamities, and pi-
Cf tying tho/e of his lubje&s , who let themlelves be dc-
<f reared fo eafily by their fears ; he then advis'd them
!* to fend to the French King for the beft conditions
cC they might get for their owne prefervations. And
cc that they might doe itwrthout any ftain of honour,
c" he abfolv d them freely of all oath and homage : And
Cc for his owne part told them, that he was rcfolv'd not
Cc to wraftle with,but to yeeld to his fate, rather then by
*f trying to ftand out after lo many lofles and misfor-
<f tunes, to bean occafion of the mine and pillage of his
ccKingdome, which was an effect contrary totha: end
c: for which he delircd to be their King. But if tfle mif-
Cw government of the French (hould make them defire
<c his return, that he would indeavor to prefcrve him-
cc fclfeinSicilv, whence hewrould willingly return to
■ expole his life for their better condition.
H ere was. the true duty both of a man, and of a King ; r.
yea the Action was more then Kindly : For to lay down 4
aCrowne is more Majefticall then to weare'it. It is
only from glittering Thrones, whence the defcent is
no* eafie : %eges enim de Unto cu/mine non defcendunt%
imo deturbmtur. Though other places in the like or
worfe condition have not fb cleare a Declaration of their
Princes and Governours wils , yet the fame is* to be pre-
f timed from them, rather then that they fhould cccafion
a fruitleflTe and a calamitous confufion in their behalfs :
For he who fpits againft the wind, ipits but in his ownc
face.
7. We fpeak fbmctimes of the ibciety of mankind*
and of a mora'l continuity , as if all the world were t
be considered but as one Common-wealth , as indeed
it ought fo to h- : But our practice in this belies our rea
ion, eipccialJy when we reflect on the diftin&ions o
feparations of Kingdomes , and examine by wha
ground
di
( 103 )
ground of reafbn Princes pleasures fhould oblige thofe
who live on each fide of a fimple R iver (which divides
two Crownes) to doe no ads of humanity one for the
other. We know there is a confanguinity betwixt all
men, by which we are bound to keep the faith of men
even with heathens as well as with others, mordiaenim
non tollunt naturalia : fo that it is pitty to fee fbmefb much
libertines, that they thinke they cannot doe a Turke,
Je w, Infidell, or any one of a Nation , againft which
warre is dedared, any wrong : whereas the metall of
the coine is the lame, though the infeription differ.
8« But to approach nearer to this particular cafe : Up-
on frontiers all men are moft ftri&iy oblig'd to the de-
finition one of another , according to their feverall
Allegiances: yet it happens daily, that by fieges and
other extremities , Townesare reduced [to the jurifdi*-
cation of thofe to whom they were fworne not to fub-
mit, but to deftroy : This is not al! ; fbr upon their fur-
render they muftfwear to deftroy thofe whom the day
before they were fworne to preferve. In fuch cafes the
Prince to whom they were firft obliged, releafesthem
of all imaginable duty to him For he cannot expect
that which is impefsible for them to doe , Viz. a6ts of
former Allegiance to him. If afterwards he taKe any of
them, he looks upon them not as tray tors orrevolters,
but fuch as bv the I aw and necefsity of warre , are of
the fame condition with the reft of his enemies iiib jeSs.
The rcafbjis which juftifie flich particular places, jufti-
fieamoreuniverfall; fuch as are whole Kingdomes,
which are madeout of fuch particular places , and are
fubjeel: to the fame fate and necefsity of warre, to the
fame confufionsand revolutions of Governments, and fb
to the fame oppofite Allegiances.
But I fhall conclude this - rgument with that prudent
law which concluded thefe contradictions & revolutions
in the Perfon of Ben. 7. as it is recorded by my Lord #<*-
c on in his yiftory. P. 144. That law was rather juftthen
Leeall, which did ordaine, That no perfon which did
afsilt the King for the time being, in armes or otherwife,
H 4 fhould
fhould after be impeached thcrfore,or attainted either by
thecourieof Law or by A&ofParliametiBut if any iuch
/ft of Attainder did happen to be made, it fhould be
voyd and of none effedt. For that it was agreeable to rea-
fon of State,th atthe fub jeft fhould not inquireof the juft-
neflcof the KingsTitlc or Quarrell; and it was agreeable
to good Conscience that ( whatever the fortune of the
War were) the Subject fhould notluffer for his Obedi-
ence. The fpirit of this L a w wa s wondrous pious and
Noble ; being in matter of Warre,like the fpirit of <Dal>id
in matter of plague, who faid, If I have finned ftrike
me, but what have theic fhecpe done ?
farce precor Ptean, <& tu deponefagittas,
ISlilpuerifacMnti ipfam configite matrem.
After ali Titles and arguments both of the (word and
of the pen, the King himfelfe adhered molt to this Title
of plenary pofleflion.For he had bin long declared an E-
nemy and a bamfhed man* And for the entailing of the
Crowne, he would not have the Aft pen d by -way of
(Declaration or Recognition of right, nor by a new law or
Crdinance, but by a middle way of Eftablifhmcnt, &
that under covert and indifferent words, That the inheri-
tance of the Crowne fhould reft,rernaine & abide io him*
And becaufe the King was attainted, the Judges de-
clared. That the impofition of the Crowne takes away
all def fts and (tops in blood, and that from the time the
King affumed the Crowne, the fountaine was cleard,
and all atcaindors and Corruption of blood difcharged.
CHAP. It
OftheOriginallof Magiftracy and Govern-
ments in the State of Nature^ Patriark or
Genarcha-fhipj.andinHeroicallfeizures.
^ i. Of tbe Obfcure extraction of tbefirfl Kings.
2. IVby toe read of She f beards before Kings.
Dominion
j. Dominion or Government why it fufpojes no atluall
Sin.
4. Tbefirji Magiftracy grounded in Nature and Tatriari^
fbip which was Monarchy*
5 . Subjettion to a Magiftrate why filiall not fervilL
6. Our naturall relation to a particular Magistrate or
Magiftracy^ how extintt in the confufton of Fami-
lies.
7. The Civill and Theologicall effefis offeare.
8. The prejudice of our Naturall rights andrfreedome.
9> Inequality of force , that is Potency and Impotency > an
naturally now the ground of Dominion and SubjeiH-
Qn9 as wellm naturall exxra&ion was atfirft.
10. Of the Naturall Heroicall Government.
ii. The condition of Naturall power runs even through
all States of Civill compatl.
12. To attaine perfonall Security we lofe moftofour other
real! rights.
1 3 . No people but the Jews were ever ajfured of their Ori-
ginall Compatl s9 or of the right of obeying and Comman-
ding in and after changes and confufions.
14. Nothing of chance in the revolutions of Govern-
ments.
1 5. In our Subordination to God and cooperation one with
another we may fweare to endeavour not to effcft.
Sett. 1. /^ydinary people can hardly beteeve, that
v/ to derive the Pedegrecs of U'uftrious
Princes arieht, we rauft at Iaft rediread cafes, and Jlooke
for them as Samuel did for Gods two firft Kings, Saul
and Da vid, in mcaneimployments, and in obfeure cotr
tages, w ho certa in 'y came out of them with as n?uch alio-
nifhment at the e reatnefle they were going to,as we now
may be a: the obfeurity they firft came from*
2. Man in general! received commifsi on from the be-
ginning to cxercife dominion over all bcaiis/ and creep-
in
ing things over the whole earth; bat nothing isfaid ah
engine 3 in what extent cither of place, or Power, he fhall
rule over his owne kind in Generall : For which reafon
we heare of Shepheards, before we do of Kings or keepers
of men.
3. Although we may fafely lay, government in it
fclfe fuppofes not a&uall finne ; Becaufe it is onely a
power whereby things are kept in order to a& confor-
mably to their natures, and .that God cxercifes a go-
vernment over thofe who never finn'd^W^.over the good
Angels, of whom fome attend us ; yet notwithstand-
ing the government of man fuppofes pofsibilities of dif-
order, and provides againft it in different waves, ac-
cording to our different flares of nature and of civill
Society.
4. The firft Magiftracy was grounded in Nature,
which fhewes that onely he wis naturally a true pub-
lique Magiftrate and Father ofhis Country, who was
a Genarcbaot Patriarch, and who evidently ruled over
families ofhis owne extraction, and Cities ofhis na-
turall generation. In which fenfe we underftand the
fifth Commandement to fpeak of honouring, which is
ofreverencing the power of the publique Parent or Ma-
giftrate. For it cannot be imagined but God provided
for t uch an important dutv,as tnis of obedience to Magi-
ftracy in the Decalogue though jt be not named there in
terminis ; Becauie he there hath cautioned for ads, which
cannot be done in the fame families , nor by vertue of
the fame family-derivation: as againft Adultery (which
knplyes a remoteneffe of blood I againft ftealing and
coveting the goods of a neighbour, and rcftrayning a
ffrangere/peciallyof not bearing falfe witneflfe, which
relates to a Magiftrate. But by this we have gayn'd a
great point.
5 . For if we now wou Id know what the Power, J in
rifdiclion, yci duty of a fupreme Magiftrate, together
with our owne is, we cannot underftand that to be o-
ther, in the Decalogue, then a Paternall, nor our duty
thereafter then Filial, not fcrvile: That as a City comes
out
out of private families, fb the laws of a State or City
ought to be modelled out of thofc which belong to fa-
milies, and he who rules in either hath obligations of
care and tendcrneffe over us^as we are reciprocally bound
debit o gratitudinis to render the I ike to h im, with iubmi f-
fion and feare togrieve his fpirit, yea, then when our na-
turall power (hall come to be equall to, or exceed that
of the Parents, who ere we be free, (and go out of his
family,) may have the fupplement offbmething oFPacl:,
or Promifefrom us, as ufually there was in the Eman-
cipations of fervants.
6. He that will make the Magiftratefacreder then this,
may at lafteafiiy commit Idolatry, and fall downc and
worfhip. Butthisis not the ftate which any people
now under heaven are in ; we are all fhuffled and blen-
ded together, and they perhaps of the Originall and
Capita 11 families, icrve meanly now to thofe who ftept
into thrones but yefterday, and are loft in their firft
obfeurity : which not being dcnyable, the confequcncc
ofitmuftbethis.
7. That we ftand not now originally affociated to any
Magiftrate out of naturall duty, but out of mutuall feare,
,pr forecafting how we need not feare, which feare pro-
^ duced Civill compact as it did religions alfo; According
% to the Poet—
tprimus in orbe fleus fecit timor.
For we of feveral families thus depending on our felves
( Ifpeake not of the perfons in each family relating to it
felfe, the fbnne not being borne in a free ftate, but in fub-
je£tion which he owes for confervation J we had ( I fay)
a right of nature to protedtour felves, which fuppofes,
primary allegiance due to our (elves, which therefore in
marriage obliges a man to leave all Relations to adhere
to that of his private familie, Andas for theufe of things,
which are for our naturall fuftentation in the world, who
can fay they were not in this ftate free likewife and com-
mon ? which once granted, it will be in vaine to deny
bnt that we had ablolute and (upreme right alike to our
private perfons and to all things, and having mutuumjus
in bochvve were fitted for Mutuall compaft. S. But
fio8)
8. But all this Liberty (upon confi deration of peo-
pling the world ) was I confefle a great prejudice to us ;
for hereby we were clearly left in a ftate of warre, to
make good this natural! free ftate of the world, which
refer'd all to the try all of force, and not of law, againtt
which no one could offend.
9. For which reafbn we rightly oppos'd whom we
would, and as rightly iubmitted to thofe who were ma-
Wed with fueh a power, as we could not naturally re-
fift, Impotcncy being the ground of Subjection, as well
as Potency is of Dominion; neither can any reafbn be
given wherefore he who could naturally over-power
another,{houJd not in this ftate ufe his naturall privi-
leges tor taking others into his.pofleflion. Omnipo-
rency or Supreme irrefiftability is the primary reafon
for the obedience which all things owe to God.
SothatMr.Ho^ihisiuppofition (if there were two
Omnipotent*, neither wou'd be obi ig'd to obey the
other ) is v ry pertinent and conclusive to this fubjedt.
10. In thole times which Biftorians call the Hero-
icall, when Himrod provd the ftouteft hunter, and
Hercules travelled to tame Monfters or ufurpers, the
worfdwasinthisfubjeclion, and all things were pok
fcft in this Tenure; and I believe few Empires are yet
free fi om it in the world.
11. The condition of Subjection here, which now
funs through all Govern-rieirs, is power, which being a
quality,may have more or leffe, and ib be fa; r from fix-
ing any thing in one determinate point , place, or
pe.fon; andwhmitisexercisd pgiinft nature and our
contents, it may as lawfully be lriaken off, as it was
impofed ; which occafioned many fbngs upon Hercules
his valour and Vertue. Wherfore Compact was j'idg'd a
iecurerwav then me r power for the coilition of Soci-
eties and forme rje of bed;enceand Subjedtion, and
fbrdiftributive, ifno:forthechiefe part of Commuta-
tive J uftice and that State is now the beft which needs
1 aft force to maintame it, and being faftned to a
ftate by the ligaments of our owne wilis^ we are dear-
ly
(iop )
lyreftrenchtoffomuchas we concurred with others t®
forgoc, and de lure creaturarum rationalium could forgo.
Security or Protection being here the chief end , it is
fuptos'd alwayes that we mult contribute our obedience
and riches fofrrre as may beft conduce to the fecurity/
both of our owne perfons and eflates, and of theirs alto
who command us, without which contributions, it were
not called Society,
12. To attaine this fecurity for our perfbns , we
We much of our" generall rights; every new Law ftili
diminifhing fome degree of them , by bringing us into
a narrower iwing of Liberty. But that which per-
plexes all here is, that feeing we are now fore t only by
Accident into the bounds of government ( which i s va-
rious ) and that according to the wills of the Original!
Compa&ours ( which is a principle no way uniforms
but iEqui voca 11, and now to us of unccrtaine evi dence)
we are hereby in great ftraightsto aflureour felves in-
dubitably , hoi* far re ^e babe made our rejignatwi in
things lawfully and to Kbom V>e made them y and ujton
tybat conditions* .
13. All the Divines, States-men, and Lawyers in
the world (how peremptory fbever) are not able by
tfaditionall learning to (hew any evidence hereof 10
authentiquely and infallibly confign'd to pofterity , as
to warrant any man to take his oath upon it, or on the
confequences of it, without committing a grievous fin ;
In thi s point never was any Nation fo bleft from hea-
ven , a s the J ewes , who when they were ready to fall,
into conrroverhies , and mif takes like ours , had fre-
quent anfwers from heaven by Prophets infallibly in-
spired. When they had a mind to change the Govern-
ment, to enter into civill warre, to change a Roy all
Family, to reforme Religion, and to difmember their
Kingdome ( things which ever were, and ftili are coin-
cident to all times and ftates ) they presently had a
voyce from heaven to affaire their actions , and fecurc
their consciences.
14. This we know by Prophecic in general!,
that
0°)
that God as univerfall governour of the world, will
iiill make change of his lubftituted Vice-Roys , yea,
and of governments: men not moving in that (tation
by chance this way or that way, asPif-miresdoe upon
a mole-hill. Kec tanauam tali ex fritillo temere hucii-
lucltolventes ; not like dice which come at haphazard
©ut of the box , and runne fbme higher then another by
the fame chance. Butbecauie there is an 0 Altitudo in
Gods wayes ; and that he may u(e me obliquities of our
actions to a good, though iecret end ( juft as we our
felvcs may ftrike a right ftroke, with a ftick that is
crooked) It therefore concernes us importantly to aft
al wayes bona fide, with good intentions, and fincere
endeavours , for fo much as concerns our pans and
concurrence.
i J. After which meanes ufed , we may repofe
our felves more compofedly , if the produ& of our acti-
ons come out either befides, or contrary to, our firft in-
tentions ; as many times God is pleafed fo to preor-
daine, though we know not of it, till it be done.
In this point fbme State-oathes have been very well
adviied, obliging only to endeavour, not to eire6l: >i
for the one relates to us3 the other to God ; and othc- A
wife, I pray were not this to undertake to prefcribe
to God , to his will, to his power? were not this ra-
ther to force him to our bent > then for us to come un der
his > and to preiumc we have as much power over
things without us, as over things within us ? (uch as is
our fmccrity and endeavouring to our power.
Chap. XII.
Of the Originall of Civill Government in
Confufion of Families.
£ i . How the Peofle are alwayes in Political! Guardian"
2. Why
2. Tffiy in confounded Families the people muft beget their
Tarent.
3. Boxhornius bis ill divifion of Succeffion into Heredi-
tary or Patrimonial^ andlineall or of right of blood.
4. How Trznces themfelves declare the right of people a
right of Politicall Guardianfhip*
5. Bow the ft ate of a Common-wealth is alwaytf 4 Stoic
of Guardienpip in regard of Priv Hedge.
6. In the difficulties and confuftons which are in jure ad
regnurh , people had left follow Poffeffion as the heft
and Orignall Right.
7. ibe uncertainty of proving ancient and certaine
BttfafcO
3. We have as little certainty of what was long before
us, as of what will be after us.
9. The difference betwixt thofe who are naturally inca-
pie of Jupreme rights y and thofe who only are Civilly
fucb.
>RUt though it be paft contradiction , that there
AJare no infallible records of the actions of the
world from the beginning , kept any where fafely
,ahd certainly but in heaven, fb that we here talke but
in the darke to the conicienccs of people, concerning
old O rig inall Compacts, right lines, the certain bounds
of Governments pro hied? nunc, and the like; Yet in
the midft of thete uncertainties we muft allow fome
government , and iuch as either is , or may be equitable
if not lawful! both in refpecl of the perfons command-
ing, the formes of Government in which they com-
mand, and the rules whereby we know them to com-
mand, and we to a&lawfiill things. The two firft or-
derly come into this Chapter, tnelaft belongs to the
Chapter of Politicall Juftrce.
- Sett. 1 . It is-an old and a well reform'd Axiome of Po-
1 hcvflopulus femper eft in cur a & tute.a, A State or King-
dome is alwayes in uuajdtenihip not in fervitudc, and
when
when it becomes free , it is rather manumitted theft
emancipated. In the other Chapter I (hewed how
there may be a naturail generation of a civill State , as
in Parriarkfliip , in which the Father is fuppos'd to be
alive: But here we muftfuppofe him to be dead and
buried , and that his ofF-ipring are loft one to another.
2. So that in a place where Fathers of Families are
confounded together without /uch a tabfrof Hfijt*
•flrv.as is recorded or" the Tribes, when they went topof-
ieiTethe Land of Uanaan -a_. there a Kingdome is without
a~fo her", unT6ttfe we would allow one neceflary and
happy monftruofitv , which is , that the Children be-
get themielves a father, that is, choofcone who fhould
take care of their prefer vauon : But ne vert helefle fuch
a place and people are in Curatorfhip or Guardian*
filip ,and (o ever muft be , and well it is that they are (o :
The quett ion only ever was and will be, Who in this Mi-
nors expos d condition ought to execute that office , ejpecialh
feeing there isnofixt or determinate Tribunallfor the federal I
pretentions Tohicbare violently made to it ? I anfwer no par-
ticular man hath any right to it of himlelfe. The cafe
ftands (o here that there cannot poffibly be any other
Magiftratc to appoint this firft and fupreme C fficcr o
State ; It remaines then that none on earth can pretcii"
to it but the Minor, or people themielves ; which may
the more rationally be allow'd them, becaufe the civill
Law coires thus neare , that the Minor though he may
not choofe , yet he mav at leaft refute fiich aCurator as
isofferd him, except in one Cafe, which is very per-
tinent , Vi%. in a Controverfie for his rights and cftate,
and then it is conceiv'd very equitable he fhould have
fbme good done fbr him, even againft his own peeviffi
will. The words of the Law are , InYiti adotefcentes
curatores non accipiunt prater quam in lite. Inft. Tit. de
Curat: Seel. 2.
But this is not the Cafe oforie people alone : For the
Duke of %ohan hath left that recorded in his Memoircs •
that when the Proteftants of France had decked him
cheir General againft their King, they garriibn'd fevc-
rail
C"3)
rail places near their homes, but in remote Provinces
from him , which were moftof them eaiily taken by
the enemy; Whereupon they highly importun'd him.
to tre.it immediately; with the King. But»he judg'd no?
that a Conjuncture fitfor the reputation of /uch a negoti-
ation, and therefore advisd them rather to take cou-
rage, .to flight all garrilbns but fbure, and adyeiiture
into the field. For many petty garri/ons tooke up ma-
ny men, and much Ammunition , and would require
fuccours in cafe of lieges, which for io many, could be .
but fmall,< and fo confeuuently what ever was lent,
would all be loft. Upon this they reproach't him with
ambition , that he would make himlelfe their King,
and that he had his private dehgnes, all which he pati-
ently digefted, till he found a good opportunity . in
which he obtained them very advantagious Articles,
but concluded this point upon their f :o- vardnefle , That
he 'frho "frill ferJ>e the people , mu/i no'fr and then doe them
good againft their o'frne 'frills.
. 3. Boxbomius mhis hteT te&iiik ^de da?nnato ant exuto^
\ege 'hereditaria to provide iucely tor the fucceilron of
the heir, though with never fo much prejudiceto the
JPredeceiTour , or to himfelfe when he is entered, di-
vides the right of fucceiHon into two parts, the one into
! an hereditary or 'Patrimonial I, which he_ calls a right O1^
Property to the thing into which one f icceeds , and of
all which we have right to dxipoie as we please: the'
other is into a right of blood , and a lineall iuccemon, .
only into the place of the Predecejfour, and not into his,
but the firft P rince his right.
By this he unexpectedly falls into many inconveni-
ences.
Firft, in juftifying no other rights in Princes, but fuch
as derive from the firft Prince, of which there is no
indubitable proofe : fo that no intermediate f xcefTours
(by his allowance) can acquire any new pretenoes of
right, either for themfel ves y or for thofe who are to fuc-
eeed.
Secondly, that thofe perfons as well as Rkhts ,
I which
f"0
which derive not dearly from the firft in compact, can
have no right at all.
Thirdly he makes themall butCuratours,Admini(tra«
tours,or (as he faith the Civill 1 aw calls them) Pfufruttu-
aries, who have no power to alienate any thing,
Fourthly in the triall of That point, he makes the peo-
ple the judges of the whole, eipccially)m notoriisjn quibus
fo/ennitas & ordojuris.nonrequmtur.
1 aftly in making the right but Ufufruc'tuary , he takes
. away his (iippofed right of fucceffion into it ; by which
he at once levells all that which he 10 fairely built be-
fore, and for which alone he fo much contended,
The words of the law are, Licet Vfufruttumus matnris
fruttibuSiTidndu Umenpcrcepthidecejferit^ad beeredes ejus non
pertinent* fed domino proprieUth aeqtiiruntur. Inftit. lib. 2,
tit. I. Sedt.3 6.That is,although the Utofru&uary fhould
die whilft the fruits permitted to his ule are rip*, but
not gathered, they belong not to his hcire, but to him
who hath the property of the Land. And the reafon of
this law is very obvious, becaule an ufufrucr.uary right
is but a perfonall right, and not a right of perfons deri-
ving one from another.^
4 But I content my ielfe with this, that I finde him ji
fix the right of Government in this principle of Cura-
torfhip, which anfwers fo manv other Queftions and
fcruples of the peoples rights : And it is not an unplea-
fant obfervation to (ee how Princes declare as much in
oneanothers Cafes ; for the King of France in his de-
claration concerning the Catalonians and Portugalls
revolts, acknowledged! that the reopleof Spainehave a
right of judging the mal-adminiitnuion of their Kings ;
and the King of Spain during the time of the Guiiards
League in France, declared as much for the People of
France, that they have a right to judge of their Kings
Curatorfhip: And the King of England by his recei-
ving the late King of Portugalls EmbafTadors, avowd
the change there made by the power and right of the .
• people, juft at that time, when his Scottifh Subjects be-
gan the lame Controverfie vvirh hirnfelfehere; onely all^
of
( "5 )
of them would be excuftifrorn allowing fo much dire&»
ly concerning thcmfel ves at home.
y. But if we fay (as Tome do) that the State of the
Common-wealth is a ftate of Pupillage in regard of (Pri-
Mlege, and that the Minor cannot make a Contract to
his owne prejudice, then we muft conclude, that the
people may meliorate, and cannot by any Compact de-
teriorate their condition, and it is alwayes preiiim'd for
their liberty, when dangers are threatned. Out of this
principle it is clear, wherefore it hath alwayes been
argued that Salus populifupretna lex. It were cruell and
unjuft if they who pretend to the Guardian- (hip of the
Minor, fhould alwayes be pleading at his coft and
damage who hath right unto him : Even io ( faith L
C De jurebd. 1 Grotius ) they were much to be b!a-*J
<&pac- lib. 2. >med who would alwayes contend,
C cap. 4,Secr. 8. j wno fhould exercife the Curatorfhip
of the people, at the expence of their innocent blood, and
thedciblation of the Common- wealth.
6. What then after all can mortall men conclude to
themfelves, out ofthdefufque deque's of the world, out
of its confufions and revolutions, out of the uncerainty
'£.^ ofthe rights of particular perfbns, or bounds of Empires
and places ; out of thofe various circumftancc$3 wherby
we are now cimented., as pieces which accident, and not
nature fattens in the fame frame (unleffe it be in re-
fpe&ofthefbcietyofman-kind whole nature is not ro
bean Afcriptus zleh* particulari like a Tree or a Rock,,
which alwayes keepe one place) what f I fay) cm wre
conclude,but that we of the People muft be contented
with thofe governours, into whofe full poflefsions it is
our deftiny to fall and this now will appeare to be that
Onginall right, which all of them fay we muft look up
to, in relation to the perfons governing. It is held a good
Maxim that publiquejuftice is defin»d heft by the rule
of private, and that the Government of a State is but
the couflterfit of a family, out of which a City derives its
being.
7. But it is to be noted that the Original! right where-
I* by
(s.i6)
by we were firft Rated in our private rights or goods x
was meerely poffefsion.
7. Ifinthisffate of the world which is a Rate of war)
Princes {"hould notbeown'd by this title3according to the
conlequcnce of £oxbornius his pofit ion, they would hardly
mn a direCt iine upwards to nny cleerer pretention abori-
gine : and though poflibly there might be originally and
truly a 'clearer, yecthey wou.'d never be able to plant
any certitude of that now in the unde: landings of other
men. E xcepung only the matter of fact contained irWcrip-
ture ( for die evidence whereof God hath annex't his
promife of old, andhisfprit nort J we have nothing
die which is pretended antient, of which we have any
certainty . Infomnch that thofe things which were antient-
ly true to others, to us of this age have'onely ( as the
fchoole laith ) l>eritatem propofoionis,and we can onely
faythisoftheni, that in truth we are told they are true.
8. But wee know well, that hear-fay ( being
an Equivocall principle) confirms an errour as well
as a verity, and we have as little a durance of what was .
before us, and we can have concerning thefutuntion of
thinps after us. According 10 which ordinary rule we
eafily credit their predictions of furure eve/its tous, who
can divine the ieciet accidents ofour lives p?ff, whicri
was die Samaritan womans.cale, who confidently pub-
limt our Saviour a Prophet, becauie he told her ail fhe
had done in her life before, Whc refore I fee not howt co-
hercntly thofe Divins arYirmc.thatthe wicked who have
nota laving operating fa rh, may yet have an Hiftori-
call,fuch faythey)astheDevilshave: wc;' is otherwife,
for the Devills have fcience of that which is to us but
Hiftoryand Tradition. They fawour Saviours mira-
cles, heard his Sermons, and beheld h.m crucified and
therefore may bcleeve,,&: j'uftly tremble.When therefore
the picas of Titles in leverall perfons or families, fhall
be but as the 1 ogicians fay, Argumenta ad homines, & that
we dare fay no more of them but this, that they are one
only, as good as another, furely we may be excuf'd if in
this cafe redetermine by the rule of Equity, that his is
the
}.J
C"7)
the beftofall, who is in pofleffion.
How then can private men lawfully draw calamity on
the publique, by diriurbing iuch pofleflburs. meerely -
becaufetheyaredeftituteofanold Originall true Title,
cipecialfy if the lawfull things commanded .be in them-
felvcs alike in the govennent of both, and alike voyd of
all morall peccancy.
o, The perfbns therefore who may acquire power
here, are of a double consideration/ either iuch as can
hav e no Vocation at all, but are perfons totally and na .
tural!y excluded from publique and fupjeineComiTnnd,
orclle they are luch as by unlawful! means oncly poiTelfe
themfelves of power, by venue whereof they do pub-
lique'Acls of Government. Cf the firft fort we may
under/land fuch as the laws of Nature in its fimplicity
excluded from fuperiorky ; of which fome underhand
all women-kind, it not having beene in Adams power,
toiubjecf him'Treto Eve> When a '^ueene ij married
to /tare wiio I p ay you is then Husband ? Can {he be
laidrohaveaHufband luperiourto her? ff. fen. Cons.
Velleii SeH. i. Neproulloynednmpr0ViriS;emin<e inter-
cedant. Namficutmoribus ciYilia djficia adempta firnt fa-
mines jta id efficium, in quo nonfolum opera nudumque Mi-
nifterium earumltefavetur, fedetiam periculum rei famili-
ar is. Wherefore it is but rational] to conclude, That if
a woman mav not plead, {he mav not judge, unleiTe {he
be bounded by the coniovnt fan&ions of thofe, who
pa rticipate with her in the fupremacy of rights. For this
reafon we fmde in the A 61 of the Queenes pardon. 50.
E!i%. c. 26. She declared their Pardon_by a fiction of
Lawr Vift. ®v her ftlnvlx to^er. Thus in" matters of
KelieionV'Baptifme adminiftred by a woman is not
heldfacrarnentall, and that fex is to be filent in the
publique Church. But our Saviour commanded the
Jewestoobey the Scribes and Pharifes who had goc
into Mofes his Chair, they teaching that which Mofes
commanded, and for th e reft, that w e ftiouldJbeware_of_
their leaven. By which JgyjflgS fee that good things
may lawfully be taken trom a ' baa hand ; ana where
■'■" lj1 mm it
(n8)
itmiybe without confufion, the good commands of
one, who hath not the right toa Kingdome, may as well
be received as a Foreigners coyne may be into anothers
Iurifdi&ion ; and better I amfurc, then his Commands,
who commands impious things by a good Title.
Chap. XIII.
Of the time for Legitimating new Obedience
after Confufions.
$ i. Of the time for Legitimatingnew Obedience after
Confufions.
7 . the difference betwixt Conquefi and Vffiory.
3 . Grotius and Mr. Hobbes arguments examined^wbere-
by they would Oblige people tooneftandingandPerpetu-
all Obedience*
4. Freedome given upon a miftake wherefore valid. (
5. How by a right of Zaele the people am$ng the J ewe: Jig
badarigbtofpunifbingwitbout confulting the Magi-
(irate.
6. Injuries of private irritations beflpunifbt by a Tub-
lique band : but Heale is of Common irritation.
7. Of the woman brought to our Saviour and taken in
Adultery.
8- Wherefore the Scripture forbids us fo fir icily to obey un-
titled ft opbets in the Church: but faith nothing of 1/-
legall Kings in a State, who may be all obeyed in law-
full things. All. 20.
£• 'the endrf Government the fame in all Governments.
10. King James bis opinion ef fucb a Temporall Obe-
dience.
$. 1. The
Sf S i T He time when we are laid to be fully pot <^^,
■' l feftandacquifd to another is a circum-
ftance here much materiall for the leg.timating our
perty of Land winch is over-flow donely by inundm-
SSStreiu, andthatwhichaRiver enters inco,as into
a new bed o channell; the property is loft in the one and
fundi rpttum tmmuut, ianh the law : and if Tttu
vlZ a vine or a Tree belonging to Smpromus m
Soundofhisowne, neitherof them are his, till they
fakeroote, atwhich time theLaw faith, they are f«t«
/Spartsofthe Field, ^-^^^Tit^rS"
dices egeritplanU,pr»prieta<. ejus commutator, ft. J it. de rer.
one H. 7. above mentioned ever made any Lawes,
butforthe perpetuity of our obedience to .him, and to
theSftofWsTitie: f Becaufeit woul^ad^.
-ion of prefent lacrcdneffe and Majefty, if we hould
H tWnke fuch could ever dye : ) Yet God the onely irn-
X™ calf King hathnot leftuswithoutan Ew, even
whenwemaybeleftwithouttbsmortantranfientMa-
•^ftracyby which Equity all our .mpotanteft d.ftcu! ties
fecdveaiecutedetermination inforo mtenon, when the
not too nialy *rt*xttbc Mr-nmning*nd the conquer ng
Ta Znn< andfecondly betwixt Cmjuell and ViHor.
^Thefirft'likea-Vorre^; ^changes no P^pegy nor right
the other doth, if C as Gntius and Mr. B *b May >
there he a dereliction of command m .the perion or
Conquerours can no longer be refifted, and after tne .u
jt&s naveuf d all their endeavours tc ' oppofe luc^ a ^new
power ; hkewife when iubordinate Mag ftrates are re^
ated bv the Conquerours, and that Courts otJUtuc
aaually difpencelaw under them, for the www and
(I20)
tuum of the whole land, and permit publique meetings
(for the wotfhipof God. After which manner and
in the refo nation of which publique rights, T. Li-
>/ks faith thole of Campania anciently fell into the Ro-
man power and jur:fdi£tion .
yopulumCiimpanumurbemque Capuamyagros3 delnbra de-
imMVma bumanag; omniain^ejb'am 'P.CMtionem dedimus;
2. As for Conceit diffe&mfrom Victory, I conceive
that to be properly an Heroic all Titiei not upon difference
l of right, and is a mcere lubjugation, Though one may
have duration as well as the other, yet it hath not its
rjie from any contreveriie of right, or of Government,
asVictorvh -th; wlrchcontroverfiewhen it happens
betwixt fundamental! parties, muff needs receive its de-
cilion and acquieio nee in an appeaie to the fword, there
b:in?no Supreme Tribunall here, to judge of thole.who
are the'fupremeft in the exercife of Jurita'ii5tion.
Conquefh therefore is an effect of warre, undertaken
borh for Dominion, and for the pofleffion of the whole,
as w-hen IW/ww the Conquerer chang'dthe Tenure of
fublique and private rights: Victory is an effect of war,
undertaken one^y for Dominion, and the poffefsion of fti
the former power, as k refided in the per/on or pasty go *m
verning. Thus fcverall of our other Kings were content
to ufurpe onely the rights of thofe who were in PolfeiTi-
on of the Crowne, and to give lawes of greater fecurity
to the private rights and pofic/sions of the People.
Though Conquest and Victory thus underflood'feeme
one and the fnme thing to us of the people, Vi%. in their
effects and plenary poflefsing us as /iibject onely to their
Dominion, yet none will /ay, butthe difference which is
be:wixt them in their caules, and in their chiefe effedr-
Avhich is when in a cafe of Conqueft every private man
lofes his cftite) may(Ifay)workeinusa more 'inward
acquiefcencc to the one, then to theother, which was the
cafe of this Kingdo'me in the confufed times ofthole feve-
ra'l iTin^s above mentioned,
3. Mr. Bobbes andH. Grotitis are pleated to argue
Jevera!l wayes for obliging people to oneperpetuall and
ltanding
(i?0
(landing Allegiance. • Grotim fuppofes fuch a fTxt Alle-
giance in a people , becaufe a particular man may gi\c
himfelfeuptoa private fervitude for ever, as among the
jewes and Romans. Mr. Hobbes luppofes , that be-
caufe a man cannot be protected from all civil! injuries,
unlefle all his rights be totally and irrevocably given
Up to another , therefore the people are irrevocably and
perpetually the Govemours.
To theic two arguments I anfwer, that wnat weight
of reafon fbever they may haye at the beginning ofa
wrarre,theyfignifie nothing at the end of it.
For both of them iuppoie the tyes made to thofeonly
w ho are in pprTefsion of us .
Secondly , the cafe varies againe when we diftin-
gnifh betwixt a fim pie and amixtState, when the iu-
preme powrer of making and taking a way Lawes
lies divided betwixt ieverall perfons deputed for
that purpofe. The Kings of England were never io
great, but they had regni Comites , and the people never
fo low, but they fhared in thefupreme authority of ab-
rogating and making I awes.
1 4. Thirdly, the yeare of Jubile among the Jewes
J^aution'd fbrareturneinto Liberty ; and it was an old
RomaneLawin the manumiision of fervants, that if
they were once freed upon a caule approved on when
they were manumitted, ( whether right or wrong it
matter 'd not) they could not uponthnt miftake be ta-
ken into fervitude againe, becaufe Liberty is a fa voura-
bleCafe. InftrTit: 6. Se6t.6. femelautem caufa manu-
mffiOnu approbata, fivcVerafive falfa9nen retracictur,
"■ 5 . Fourthly, fuch a totall refignation of a 11 right and
reafon, as Mr. Hobbes fuppofes, is one of our morall
impofsibilities, and directly oppofite to tkat antient
Jus %elotamm among the Jewes, who though they re-
verer c't their Magiflracy, and their Sanhedrim very
nuch, yet they conceiv'd they had a right of judging
and punifhing a6b notorioufly contrary to the light of
nature and reafon, without confuting the formes of
either. In which equity Snare^, Vafques and Grotius de
I*
(122)
lur. bet. lib.$ .cdp. 19.fi> farrc concurrc, that by the light
of Nature qui atrociter malefici funt, nequefarsfunt ullius
CiVitatis , a tiuoVti homine puniri pqffunt fi jus nature re+
jpiciamus : They who are notorioufly impious, and be-
long not to any Common- wealth , may bepunifht by
any man whatioevcr, according to the Lawes of nature:
{Grot. lib. 2.I One of them only denies • that this
cap. 20. 3 common right of punifhjng fuch tranf-
greflours , is permitted to any in a State except the Ma-
gistrate • becaufe who ever elfe undertakes to punifh an-
other, thereby puts himfelfe out pf hisftation of fubje-
clion: Befides this right of punifhment belongs to the
iijpreme Magistrate , not fo much ( faith he) becaufe he
hath command over others , as that he is fubje^t to
none himlelfe ; which rea(bn(I conceive) only fhewes,
that iuch an intire abfolute Magiftratc may noc him-
felfe be pimifht by any , rather than that we may in no
cafe punifh others . As for that other reafbn, if it hath
iuch an obligation upon us by vertue of our Ci vill State
and fubjeclion, then no father might exercife his do-
rceftjck Juftice either on his Children , or on his fer-
vants : Neither could it ever have been excufable, that
a husband fhould kill his wife furpriz *dby him in A <•
dultery , or an afTaulted peribn athiefc, according to
an old maxime, In notoriis folennitas & ordo juris non
requii itur.
6\ How be it, it is 6ut equitable that a publique hand
(hould inflicSt punifhment in cafe of meum and tuum, and
of private injuries \ Becaufe in the heat of our perio-
ral! pafsions we might be too fevereinourowne cafes, '
being both Judges and Parties : but if mofi of the
cafes permitted to popuiar and common punifhment
among the Jewes , lure Zelotarum y were iiich as little
concerned the difficulties of Meumznd tuum, nor could
be of perfbnall irritation moreto private, then to pub-
lique perfbns, (as in things evidently againft nature, and
the glory of God ) then the Cafe evidently changes.
Wherefore out of this fi me principle we finacJDeut.i 3.
and Lev, 20. that if a Jew in the Jewifh Common-
wealth
( 123)
wealth (hould withdraw another from the worfhip of
the true God , to that of a falfe , he mi^ht immediately
be carried out of the City , and be fton'd by the people:
the fame likewife was allowed jagainft thole who were
taken in flagranti, and in unnaturall /ufts.
7. From hence the woman taken in Adultery was
immediately brought" before our Saviour, which they
durftnot have done fo confidently, if it had becnclear-
! ly againft the right of any other Magiftracy ; to which
our Saviour did not remit them, but fhewd only how
unfit they were topunifh her for that , which them-
felves wercfb guilty off. Thus was holy Stephen put
to death by the lentence and execution of the people.
The familiar practice of this among the Jewes, made
ibmeof the Apoftles cafthow they might attaine extra-
ordinary meanesfortheconfumingof thofe, who were
fent by the High-Priefts and Elders to take our Sa-
viour : They thought the confequence was good , that
iftheyhadaright«to punifhfbme apparent tranigrcfli-
ons , they had as cleare right to punifh thofe who
would defiroy apparent innocence. They would have
tfire from heaven < as well as Elias had ) to confume
C^t Captaincs of fifty; and our Saviours Qucftion to *
T.eter, was but a tacite anfwering another queftion of
his, Vi%. Wherefore he would not in defence of his
innocence implore the power of heaven, and infteadof
twelve Apoftlcs , have twelve Legions for his fuc-
cour?
Out of which, and many other arguments, it is evi-
dent, That our Generall and Originall rights arc not
totally (wallowed up either in the property of goods,or
inthepoffefiion of perlbns, neither is all that which
was naturall now made Civill: wherefore that old
Law was but old Reafbn, ggodpopulus pojiremum jubrt
idratumefte.
After this it will not beamifleto fee whether there
' e not a TfteoIogicaJl reafon for our acquiefcing in this
ffefsion.
8. Next to thofe Divine Sermons wbich our Saviour
made
( i*4)
made on the mount, that which Saint Lake hath re-
corded of Saint Paul at Miletum, is one of the folcmneft :
where (like a willing vi&ime going to be lactiticed) \
he firit aiiembled all the v fhcers of the Church ofEpbe-
jus , adurii >g them , that thev (Tiould never more fee his
face; but that after his departure, wolves fhould enter
their flock , and others come in at their windowes :
Though he was caieful! to premonifh them of fiich fu- •
tures as might enmare their Confciences, yet hefpoke
nothing to them in that imbroyl'd State of the world,
how tarre they might conforme to untided Magiftracy
in their Commands morally and Civilly law/ull.
But as our Saviour left all the world,fb he left them to
theprefent pofleflburs, and fore-warn'd them only of
falfe Chrifts who fhould invade the Church by a wrong
title : he laid nothing of Kings who fhould Co invade
a State. He bids the*n beware of the firftf and to op-
poJethem with the words of truth; for the other, he
faith all powers and principles of might come from
God, and than Princes are not all borne fuch; For he
that brouehtall Naturail things out of nothing , fbme-
timesin Civil things exalteth the lowly , and hum-^
bleth the mighty, Befides, earthly Governours (wrv.^1
fbevertheybetSatin the fcufHe of the world get at top.)
adminifter thefamejufticeto the people.
And if we divide all Juiice into Commutative and 2>i-
ftributiVe, wefhallfinde , that the People fet the Pro*
portions of the firft to themfelves in meat,drinke, cloth-
ing , and other neceffirics of life ; and the Magiftrate
lets the proportions of thr other , in which dirtribution
though we were not defrauded (by the partiality of
Ufurping Princes) in Honours, dignities and places of
Temporal! advantage, fwhich we conceive our /elves
andorhers have merited) yet after a!l we mutt confeiB,
that as Chriftians we are enjoyned not to prize them,
but to be ready to abandon them , Chriftianity be-
in^ dejure contented with as little , as they fay Na-
ture is.
o. If v\c askc to what end the Magiflrate is given
us
us? It is anfwcred, That under him we might lead a
peaceable and godly life. And whv this ? For the glory
of God, and the good of our Neighbour. The Duty of
the Magiftrate then ( in what forme of Government
fbever ) is to hand betwixt us and iuch injuries, as may
hinder us in doing this worke : lo that it he be iilent,
or abfent , after all difputcs if we performe this worke,
we doe that which we came into the world for; and
further then this whither can any presumptuous or in-
terrefted Caiuift carry us .<? or why will he not allow
Scribes and Pharifes to be heard in tho/e things, which
Mofes did command , * and would have (till Command-
ed if he had being in Nature? but rather feeketo put
inares upon mens fbules and Confciences , obliging us
to Morallimpofsibilities?
io. If we will take the Judgement of a King in thfs
Cafe of Confcience , King lames determined a litt'e o-
thcrwife for his Catholique Subjects , who by faulus
Quintus histBrief, by Cardinal; BeiUrmine and others
were taught, that they mi'ht not obey or render Alle-
giance to him , an Hereticall and unlawful! Prince,
though commanding things Civillv law full : and
therefore thev were accordingly difpenc't from their
'cVafhes o'f Allegiance and Supremacy.
The Kings words in his Apologie for the Oath of Al-
leghnce, p. 25. aretheie: Ct I ever held it for an in-
c fallible Maxime in Divinity That temporall obe-
Cc dience to a temporall Ma^iflrate, dfd nothing re-
" pugne to matters of Faith, or ialyation of loules ; but
''* that ever Temporall obedience was againft fiith
ft and falyation of loules as in this <BreVe is alleged,
<c was never before heard nor read off in the Chrifhan
c Church : So that 'Pius ^uintus cannot but be cuilty
cc of the blood of thofe persons and families , whom
Cr he doth k> wilfully caft away and expofe to.ru-
" ine.
; I know,not what could be drawne up ftrongerin
maintenance of this Argument of ours, then what we
haye here received from the Kings owne pen. It will
noc
(126)
not be enough here to reply, that the King (peaks only
in behalfe of thole Princes, who are qualified with in-
dubitable true Titles, and therefore are upon no pre-
tence to be difobeyed : For his words though upon the]
rm ft Logicall rack ftretch not fo farre : and he was
wife enough not to caft himielfe upon that difficulty ofj
proving certaine T ties ab t>igine3 the other being of it[
felfe, and as they urped it, great enough, vi%. That
how good foever his Title mi^ht be (which was no?,
queftiondby the Pope ) it w?s loft to all Papiftsin his
Herelie, and he thereby made to them an unlawful!;
•Governour. To falve this inconvenience, the King)
ipeaks only concerning their Temporall Obedience,
which he faith was never yet affirm'd to be againft faith
and fai vation of fbules in Lawfull things.
Chap. XIIII.
Whether Prefcription can give a right
Title, efpecially fuch as will except again
our Obedience in plenary Poffeffioa.
5
£ i. Why States attribute the iffccls and not the Caufe
of rights to Frefcription.
2. 'the internal! Court of Conference findes only an 0[>i
nion of right in Frefcription.
3 . Why States ought not jo be difordered for the deft& o\
Right in Frefcription.
4. Why frefcription may run tgainft goods better then a-
gainftPerfons. .
5. Right not recifwa'l betxvixt yoods and 'Perfons , but
only hstwixt perjons and perfons. ,
isOp TTBough the Evidence of Orieinall Compacts and
* x rights ftand at fuch ieinotediftanc.es from us, thai
the]
(127)
they arc hardly difcernablc; and that the Principle of
fuch Civill things, as well as all Natural!, is iought
for inaChaosandConfufion: fb that the Evidence of
ancient fa£ts have - — Ve/ligia nulla rctwfum, no in-
fallible marks of their pre-exiftence (one /rep doth (b
confound and obliterate another ) and that time it felfc
is but an imagination of our owne, and an Intentio-
inall, notarcallmcafure for Actions, which paiTe a-
way concomitantly with that meafure of time in which
they were done; for which rcafonswe talkc of anci-
ent things, but as blinde men doc of Colours: Not-
withftanding, Prefcription is fuppos'd by moft to hold
out fuch an E vidence, that (as they fay ) it ought to fi-
lence all Countcrpleas k\ all Tribunalls, ami by the
prefent allowance which is indulg'd to it , it either
proves a Good,or cleancs a Vitiated Title ; And hath
this Prerogative in the Civill constitution of the World,
and for quietneiTe fake , That what it cannot finde, we
grant it a Power to make.
Sett. i. But if we examine all this ftri6tly at the
two great Tribunalls , the Externa 11 and Internal!,
.and argue the I«s of it as States-men and as Cafuifts,
We can then raife the Argument for the Validity of it no
filehermthe Externallor Temporali Court,thcn That
it is only very convenient that it fhould have thecjfetts
of right , Left Properties and dominions of things
fhould be uncertaine ; and that the apparent negligence
of true owners fliould be punifht, and Gontrovcrfies
have a ipeedy end ; States looking more after Publique
repofe and quiet, then afrer Ariel: virtue > and more a£.
ter thofe things which are ad alteram , then after that
which concernes a mans owne felfc ; for fay they, ®e q~
rum injurU $iti cur<e , The Gods looke well enough af-
ter their owne injuries : States meddle not fo much in
great Prodigalities, as in petty fetrcinies; Our chief-
eft Liberty, Privilege or Prerogative in this World,
confirming *only in an uncontroulable right which we
have to undoe our fel ves if we plcafe .
2, But if we plead at the other Tribunall as confeien-
cious
(128)
cions cafliitts , wcrauftgive our ultimate re/blutions,
out of that law qua inciditttr non are, fed ani?nis} which i s
not engravd in Tables of Brafle, out in the 7'ables o
ourSoules: For the rules of our Lawes tell us, Qu*
pnncipio Vitiantur ex pojl- facto reconValefcatit; and trlat
Pxefcription or Usucapion (which is but theLapie of fo ,
much time ) hadi the Power to m ike wrong become a i
right, yea to change the Morality of an Action, andl
turne quantity into quality. Upon the refult of all which*
wemuftnowlay, thatr initead of being a right, or m
certaine caufe or proofs of it, it onely makes an Opinion l
of right i
3. So that when we have with eagernefle run it
to its end, and hnde nothing, «wre are but in fompeyt]
aftonifhment, when after his Conqueft of Jerufalem,
he had with fuch reverence and Curiofity vifited the
Sanltum SanUorumy and found nothing there, Prater
duo candelabra® fedew-'Deo ltacuam, A pake of Candle-!
tfticks, and a chaire in which there was no God fitting,'
Yet for all this miftake he would not ( as lofepbus faith )
diforder or robb the Temple which hetooke by fore
ofarmes; becaufethe very Opinion of Religion hat
fomething of Religion C which made lacob^ accept
Labansozth by an Idol ') fo ought not we 1 lay, for \i
defect of right in preemption disorder a ftate, though
jnConfacncewecano'ie'ly lay that it conteins nothing
but the Opinion of ri^ht, and makes people itrangelv,
forger by what inlenfible decrees they fall into extremes
and Contraries, as into the fame things, whereby wonJ
deris better taken away then fin.
4. Here I conceive we may well admir of a diftin
£tion hetwixt Goods and lerfons prefer ibed. Thcfe a:
inammate,ever flee from fin; thepainesof Damnation,4
and joyes of Salvation belong not to them, and k
conicqucntly it matters the IcfTe, ( in every mans judge-
ment)mto whofc hands they fall as inftruments to b; irri
ployd : But it is otherwise with Periods , whom
P n. ccs would irrevocably acquire and imploy in every?
thiag. For they may b : conftmned either by force , orl
example!
( "SO
example , or by fome other inducement of their PoiTef-
fours to ioie eternalMire : Neither will -a vicious con-
tagion diffufe it ielre any waves io potently as thus,
even as water fheds it felfe (tronglieftfrom the declivity
of a high Hill ; Thus we read that lome Kin^sjnadc
all Ifraelltofinne, and that blinde and publique guides
lead others into ditches and the pi ec pices of Hell.
5. Right is not reciprocall betwixt Terfvns and
things: For Land hath no right to us, but we to it, and
therefore its fervitude is perpetual! , according to the
firft Dominion which God gave us In it, and over
the Animals which have n©thing to doe here but to
feedeon it for ©urfervice. Buc betwixt Perfons there
is mutuall ( though imcquall right ; which formes
fbcieties ; and therefore we having reafon and Life,
which things have not, know how and why to fire
our felves from being tooles and inftruments of evill
and wicked actions , and from being imploy'd in abo-
minable ufes. For which reafon we can neither be (6
eafily Acquired byfuch an Accident as time is, norbs
retain d in iiich perpetual 1 flavery as other things are;
which yet when they incline to a Corruption , break
their forct focieties, andreturne into their Elements,
!r which is their firft ftate of Nature : where they cannor
• ftandlong, but returne back againe into other focie-*
ties or Compofitions more worthy of them, as wc
our felves in the like Cafes of our Civill Corruptions
( according to the Hiftory of all times; have done.
Chap. XV.
Of the Severall Formes of Government y
And how farre they may in their Changes
Legitimate Obedience.
£. I . The abfence or change of the Civill Magijirate have J
m notvi^Mt a Magijirate or Jfiftitt?
K a, Hotf
(»30
2. How Monarchy Afiftccracy^ and Democracy are the
fame.
3. IV by a change of government frees ?;ol from nil the
Inconveniences of Government.
4. Joe feverall wayes of circumfcribing Magiflracy, and
of Fublique t ran fad ions.
5. tVbyfeofle of feverall Governments differ rather in
figure then in forme.
6. urn little change a change of Government ma\es in or
of us.
7. Why Cbrift bad us more beware of falfe Frofhets then
cf illegally rimes.
8 Whither nothing can be jufr9 but thai which is defined
by the Legall Magiftra\e.
9. Bow a man may have aright to talg what another hath
not it right to give.
10. Of Non-obedience.
11. 'that all Ohediencisfajjive.
/t>-|=& Sctf. i. COme thinkethe variation of a forme of Go-
^vernment, makes a variation of the forme J
of Jufiicc, even there where all Juitice is diitributed
by the fame internall equity , the fame rixt Lawes, and
the fame Tribunalls, but not by the fame hand of flcfh ;
not considering that the end of our creation and confer*
vatioi-i is die fame in all formes , vi%. that we might
glorific our Supremeft Magiftratc., and doc good to
our Neighbour or fellow Citizens all the world over.
Such as thefe conceive they are without a Magiftracy
when they change from one mortall forme to another,
whereas indeed they fhould looke higher then our Sub-
ordinate Magiftrates, andthinkewe relate principally
to God the unchangeable Magiitrate, who hath writ
Lawes of Piety and Juftice in the breatt of Angels,
and hearts of all men in the world, which our tvanfient
Magiftratcs rnuft obicrve as well as we, and for all
which weprayconjoyfitly that Hit"? "^^kc done on
Itisneccffary we fhould live al way es under a fope-
riour will and Government , and that is his • becaufe
he is alwayes , and every, where intimately preient with
us, whereas our other Magiitrates in what formes fb-
ever may ( by many accidents J have neither vertuaJl
nor perfonall pretence with us, and their minifferiall
formes of governing us , areas mortallas their mini-
fteriall perfbns 9 according to the will of him, from
whom all of us equally derive and who.hath flated
the Government of the world for ever in himfelfe. So
that no man denies , but that it is by him that one pow-
er or forme is fet up, and another caft downe , only
we are loath to fay concerning the powers of our imme-
diate Intereft, by "tohom it is, That they ceafe to raigne.
Which makes me flill conclude more determinate^
that our immediate Allegiance is due to thofe who im-
mediately protect us , and plenarily pofleffe us , but in
and abo veal! to God, the Univerfall Eternal! Magi-
ftrate, under whole Jurifdidtion we are to live eternally
in another world. *
24 The difference which is betwixt Monarchy, "An-
ftocraey t alld Democrat im more* then is betwixt
5^ one jacobus piece or Uoid, twenty two (hillings , and
, forty fourefix-pences, which put together are eqiu va-
lent one to another, and of the lame intrinfick va!ew#
Evenfbthelupreme a6ls of Government are the fame
in all the three governments. For no State hath a capa«*
city to goe higher, then
Virft,toma\e andta\e atoay a LaV?.
Secondly, tomafyWarre or Peace.
Thirdly, to judge of life and , death.
Fourthly, to fix all appeal e in itfelfe ;
At the top of thefe foure ffeps all the three States of
Government meet:
3 . And becaufe no forme is perfect here nor free from
inconvenience , therefore it is with any of them , when
chanced, as with a great Statue of braffe, melted into
many little ones , which though it change its figure, yet
it fends all the qualities of its mettall <tad its *ru&o along
K 2 With
03*)
with them, which in time will appcare , if not oft
clemied : even fo the inconveniences which people
feclc, rather then iurfer in iubje6bon, for the benefit of
P rote&ion , are fbr the molt part the lame in thofe Ieve-
rall formes of Government, And it is inour deiire of
Change of Government , as in our defire of change of
dyct ; of which though one iort may be more healthy
and r.ourifhing then another, yet we mult feele fome
gnawing of appetition, and paine of repletion, for the
iweet of* that which we turne into nutriment after-
wards.
If we would make a mixture of thele three Govern-
ments, yet they make no change ftill, as to the Pro-
duct of a fupremc aft ; For they who concurre with, or
limit one another, in that Capacity, are co-partners,
and doe the fame thing together, whxh one alone doth
I.egiflatively.
4. Severall Countries have ieverall wayes for cir-
cum'cnbingtheir Magiltracy, and for ordering their fu-
premc tranfaftions. In Poland any Gentleman may
lately and freely accufe hlsTr'rince : In Arra^on the chief
Juftice ha th a T ribunitian power. In Venice the Duke
itirrcs not out of the City without leave, and he is made
io much greater thenanv of the jeft , only thereby to
allay the growth of Ambition in any one befides. And
for the forme of tranla&ions, all every where follow
plurality of iuffrage, but in Ieverall wayes ; For in the
Senate of Vouct there mult in many Caics be a concur-
rence of three parts t pt ioure ; fn the ConcTave of
Rome at die election of a Pope, two parts or three. In
the Confiltorv the^Pope alone carries it agamlt all the
Councell or' Cardinal Is : In the Convention of Tjland
when thcimportantit bufindies a7e propounded , poti-
cr eft conditio negantis , one negative hindoa. all ; In
Mvl'and, the States Genera II or the ieven Provinces
have but (even Votes in nil, and thole obliging accord-
ing to Plurality of Suffrage; but with an excellent re-
medy for the inconveniences of that way of Voting, as
becomes thole who arc. diflifl&ly fuptcmc in them-
fcjyes,
033)
felves, and intend that fbr their fupreme collective Afc
fembly. For, the number of States^ fent to con/uk
and tomannagethelntereft of their Single and Pro-
vincial! Votes, are without limit, and asthcre/pe-
clive Provinces according to their Supremacies pleafe
to delegate. Infomuch that at the concluding their
Truce wkhSpainc , there were 800. States deputed by
the Provinces to deliberate and conclude upon Seven
Votes. For which reafbn we may lay > mat Votes
there arc rather Locall then PerfbnalL
In Bngjand all is contrary, Votes with us being ra-
ther Pcrfbnall then Locall : for which reaibn Pcrfbns
are neither ib revocable, nor accountable here as there
their deputation being a Irinde of Legation and J-rrrjha d
fie. For we repreientnot Provinces, nor any Places
diffin&ly Supreme; but Provinces and To wnes mixt-
ly together, audio, as To wnes are of greater autho-
rity then Provinces, there being more BurgefTes then
Knights of Shires , although this be a favilegeof
State, noway proportioned to tEe Burthen borne in a
Stated bijt rather a marKcof Kingly grace, and diftri-
bution macle and , contriVcl for the better lnpport of
^Cliigfy Iiftereit. With us therefore the odde Voyce car-
ries all things alike, fey which it may fo happen that
one man may make ortaKe away the" Deft Law that
ever was made.
5. Upon confederation of all this^nd by the leave of
lb many learned Pens who have a[l writ otherwayes,
we may fay, that People of feyerall Governments dif-
fer rather in Figure , then in forme. For the forme of a
State is that which gi yes it life and being, by the admi-
nift ration of Juftice , whereby we are fecured from iuf-
fering wron* , enjoy the communion of rights , and
have nunifhments for Vice, and rewards for Virtue.
ThefebetheVitalis of all States, and are the fame in
all Governments , fo that in a Change , where unlaw-
ful! things interpofe not, there is nothing that really
affecls us fb much , as the Novelty and the Opinion of
it, to which if thecircumftanceof aLittletjmebe ad_
dedj ay our wonder is gone. K 3 6 . Fo*.
(i34)
6 For what change is a change of Government ?
It changes neither our humane Natures, nor our ipiritu-
all relations, but onely a Miniiieriall circumfiancc of
our meane Civill ftation, The Law and Equity of a
Court is ftill the fame, whither the Judges be ibmetimes
mote,fometimes fewer in Number. Into what interme-
diate iubordinationfo ever we fall, wearcftillas the
lame Equidifiant lines; which come from the fame Cen-
ter ofjuftice and being, God: Andtoipeake proper-
ly, wecanhavebutonefupremacy, becaufe there can
be but one Center, other w iie fc verall Lines, of Overall
Iuftices will cut one another. A civiil circumfctahce
( fuch as any Magiftratemay bee ) cannot obftru6t the
paffage betwixt our Supreme Lord and us,nor hinder the
Conveyance of his fpiritinto us, nor his Angels (which
are al waves going up and down the Ladder ) from car-
rying up the A lmcs and prayers of the feithfull before
hub, norpreventordifturbethejoy which the blcfled
have in Heaven at the Con verfion of finners.
7. No wonder therefore mat Chrift bad us fomuch
beware onelv of falfe Prophets, who might cheat us of
our incftimable Jewels, and iaid not a word concerning!
falfe or Illegall Governours which we might afterwards*
Live under; leaving us to the Indifferency of their Mi--
niftVriall ftinclions for fecuring our meat and drinke,and
Clothing; _St. Paul I ikewife bad the Corinthians, Cor.
1 . 6. avoid the I egall Magiftracy of that Country ( of
what forme fbever) and rather end their controversies
concerning humane rights, by J udgement among them-
felves : or ifthcy would make ufc of their Tribunals,yct
he left them no Inftru61:ions for excepting againft the j
Competency of the perfons then in Power, nomorethch
our Saviour did again ft Scribes and Phariles wrho were |
PofTeft ofMofcs his Chairc.
AChriftianmaybeperfe&in any State of Gover-
nment, becaufe his perfection comes not from the World,
and there is but one thing neceffary for him, for which
hemuft be alwayes ready to adventure his life. But
*ee how ingenious men are to argue themfel ves into their
oyvne
©wneunneceflaryMifery? Some fay we may not, nay
cannot do any juft thing under an illegall Magiftracy,
and_yetthat all intermediate intrusions betwixt us and
thofe who were the firft in Compact, are illegall: and
after this where {hall we indubitably fmdc a Legall
Magistrate? Orifwefindehimwhohath (iich a true
Originall title, yet an6ther Prince who is in Poflefll-
on of his Kingdoms, will be loath ro make any Volun-
tary CefTion of his Poffefsion for him : Orif pofsiblyhe
who is in Poffefsion, bejikewife defcendea from "the
Originall Compa<Stours7"~yet how will he prqve*""'io-
mucn now to us by tradition only, e/pecially (6 indubi-
tably, that we may dye, or fecurelv kill others upon it ?
The proofs- of this is a proofe of old fa6t, a thing of great
difficulty.Thefe being doubts neither humanely possible,
nor abfolutely Neceffa ry for us to be refolvd of, we may
then Comfort our felves with this, That the Queitions
which will be propounded to us at that dread ru U day of
Judgement, when Princes & People fhalj /rand m;xt to-
gether before our true and great Magistrate, will be only
concerning the things themselves, juft or un juft. which
we did herein the flefh ; not under what Perions, Titles
^br Political! formes we did them.Forthe^ wil jultirTe no
■irregularity at that tryall. There isa Nfecefsity that there
{houldbeaChangeofthe Per/bnsor Uovernours, but
not of the Equity of Government : the Courfe of Na-
tuTTdotli the one, but ftill endeavours to ftrengthen. the
odier.
The reason wherefore there are flich great Changes
injure publico more then injure Prftato. and why in the
midft offomajiyChanges private perfons keepe their
£TtatesT when PuCTique perions cannot keepe trieir Jita-
tions and Places,is,Becaufe all motions, or Mutations in
that Station, are above all Tribunals and coercions. The
jus ad rem or of Me urn (? tuum belongs to an inferiour
Court ; but the jtis ad regnum hath none, nor any thin^
eUe but juft Necefsity and Poffe/sion to juftifle a change
(made either in the lame, or in a different Government.
Oh. One very considerable Objection is here op
K 4 pos'd;
( »30
pos'd;t That People who live under Governours (of
\vh i c form foe ver ) who deri ve not Legally from the fcrft
in Compact, may not obey fuch even in lawfull things.
Becaufe no juft th ins can be done, where Juftice cannot
be ha d ; and juftice can be derived only from the legall
Magiftrate,
Anf. Ianfwer, That this Argument fuppofes that
true^ which isthemaine inqueftion, Yi^, Where aMa-
gi ftra te ca n e v ident 1 y be found with fuch an indubitable
Title Aborigine* However welee St TauT bad the Co-
ftntbians avoid the Legall Magiftrate of drat Countrw
therefore all juft things relate not formally to the Legall
Magi(tttite„ Moreoycr our Saviour bad the Jews bar-
ken to the Scribes and Phariiees, they commanding
what Mofcs commanded. For as Divines fay, concern-
ing the Sabbath, that the change which the Apoflles
made or it from the laft, to the ftrit day of me~"Wccke,
was not confiderable, becaule the Mora! I part of it re-
names tor perperHall pbfervation in the day which we
how are chang d tcT: Even fo we may lay concerning
the changes wfiich are either of Governours,or Govern-
ments, Yi^ If that which was of Morall duty and ju- ji
ftice be ftill conierv'd by them to us of the People, we*
mav then reft well allured that we may juftly conform
to them, as they are difpens'd to us by fuch meanes.
Equity is above Law, and if an Obedience to an Ille-
gal! Magiftrate in law full things be equitable, then die
defec"t of legallity in it, will not be faffident exception
againft ic. The circumftance of the Magiftrate is no part
of the definition of Juftice, which therefore may be
rightly done, without any consideration of his Right.
For Tuft ce is nothing elie but a conftant intent to give
to every one tnat. whicn is his own.1 1 he Romans were
not mill ippy u"ndeT' HUma, bccauic as IHerut ia.ii\\, Quod
Yi <& injuria occupd\>eratlmpcriMn, fyligione &juftitiagu- ■
IcrnaYit. The Empire which he had invaded by force
and wrong, he governed writh Religion & Juftice.
Divines ho'd liVewiie, that Chrjft inftituted a MiiTi-
pn whereby his Go/pell was to be continued txTthe
5 worlds
, Ci37)
Worlds end by Minifters deriving from on another : Yet
in the Controversies which we have had with the Pa -
pift s , when they object that we have no continued
Million from Chrifts time, becaule for many Centuries
the Chrift ian World was totally under Popery ( Co
that though their Minifters might be true Minifters, ycc
ours certainly could not) Here our Divines thinke it
enough to diftineiiilh betwjxt aPerfbnall, and a Do-
clrindlluccefsion, and affirme , That the Do&rinall
luccelsion is above the Perlonall , which &rves only
for dilpcncing that true Doctrine, which we now have,
and by faith in which, they who livd Co long under
Popifh Paftours mkht be laved. Even fo why may
not we as well fay , That where there is not in Civill
Go^ernmemsjbcfafTie form all lucceision ot Perldhs,
tnat therjeTEePeo^emayLaTvfuily conformeto cheny
mey holding out the Limy^ y\£ichthG'
Excluded Magiftrates oughtto have done, iFtHeyHad
iucceedcd.
So that the fame Juftice of Peace chancing the
fame L awes for Peace under one iort of Government
as under another , doth the lame Juftice; theCircum-
^ftance of \jagiftratcs is only to lee that i: be clone with
iecurity andquict ; ancTwhen it is eitectHaly lo done ,
wFare to do more then"oBey them, that is, to pray and
praile God for them who ever they be that lo govern us.
for when one Government isexcluded if another did
not preientlvincceed in its placeT^wg fbeuld fall into
Confuffon , and it is a Little time thatferves to mine a
man , efpecially in the Privation of ail Government :
in which ftate all things are Common againe, aid each
man islefi: in bis Natural Is to caft how he mayljerencl
himielfefrom ailtherelt of the World.
Objett. It is objected in the lecond'place , that luch
an G bedience even in Lawfull things to unfawfull Go-
vernours, doth afTert thole Governours as 1 awful 1
o, Anf. I anfwer ; If it be up«n a plenary Po{Te£
lien, luch an Obedience only aflerts the Irreliflibility
of their Power. He who takes a Neceffary almes, f om
him
( i38 )
himwhogothiseftatebyOppreflion, finnesnot, nei-
ther afrirmes the right which the Opprcflfour hath to his
Eftate ; by which we may lee that we may have a right
to take , whatjinother may not have a right togiye. He
wKoTends uponbiting Ufaryor Extortion finnes, but
he who boHoVVes money lo of him, when he cannot
get any rrorn rum orothers other wayes, hnnes not, nor
^rflcrtslhe LawFulnefleof the others Loane.
«~-jrrTrris^^ place for a diftinftion
ofa (jovernn^gntettabiiiht with i.ongrpoting,or with-
out rooting^ for it we linne in doing Lawfull or~un-
lawtiiUthin^slJngeTtither, the£apfe of time ( as hath
15eciTfrrewa} taKcs'npt away fihne in cither, fo that
oncis (to our anions; as Lawfull as another. Befides
into what Condition would we put our ielves if we
will not obey ? for in a State there can fa; up f'ich r^»g
is Non-obedience : iieveryman muft either Command
orb bey , or elf e live by himielfe , by his owne I awes,
and his owne Militia. This is according to a good %-
Itilaluris 167. ff, guijujju, Indicts aliquid fait, nonVi-
detur dolomno facers 9 auiparere necejje habet ; That is,
He who doth fomething in conformity to the Command I
or fentence of a Judge, doth not in any appearance do?-*
what he doth, with an intention of fraud , becaufe his
Obedience is Neceffary. Juft io State-Obedience is
Neceflary , and what we fo conforme to, is ailed un-
due Command, for which reafbn we are acquitted from
the Imputation of Treachery, fetronins might boalt
jnhisPialmes. •
Hoc amo quodpojfum qualibet ire Via
B ut there is no fuch Privilege in a State or Society ; the
Conveniens whereof is not to be lefc at Liberty and
freedome. For he who would keep his Naturall Li-
berty without Relation to a State, fliall loofe that and
every thing elfe ; and he who will refolve to loofe that
Liberty may conserve to himfelfe the enjoyment of all
Rcceftary things.
Some are pleas'dto fay, that they can obey fuch Paf-
fivcly, but never Actively ; yctconfider not, that all
Obejdicncci
Dbedience is Originally Fafsive more or leflc ; that h3
is both arc Iuffn Impel otitis. Nay their Pafsive Obedi-
ence (astheyunderftandit) maybe worfe and more
mwarrantable , then that which they underftand to be
\&ive. For he who executes actively the Office of a
Juftice of Peace, or of another Inferiour Magiftracy,
>y VirtueofaCommifsionfent to him by a fupposd
[llegall Magiftrate, and thereby doth good to his poore
Neighbours, doth not a thing to bad, as he doth, who
;ven under his Legall Magiftrate is preftout to warrc
Lgainft thoie , whom his Confcience cannot condemne,
lordefigne to death ; yea or pay Taxes to be imployd
tsainft thofe whom his Confcience juftifTes.
Chap. XVI.
Of Politicall Juftice., Or the rule whereby
we know the Magiftrate to Command,
and our felves to aft Lawfull things un-
„, derhim.
0 'i . The difficulty of diflributing Juftice wight.
2. Of the Corruption of firft Rights.
3. Fourc parts of Juftice*
4. Why the Violation of Folitkalt Juftice bath the worft
effetfs.
5. Feople obey not to the prejudice of any > if tbey doe
a&ions according to their Natures under plenary Fo[-
fejfours.
6. ibat a thing be Civilly Lawfull it is net Nectjfary
that it'begin rightly.
7. The Merit of the Magiftrate ma\es a Debt upon the
feople.
8. H#b?
(140)
8. How Contrails may be mode with us without cut Con-
9. Whether Religion and Iufiice hebmm by , «J|r*.
or by derivative authority* .
io 2fo tb«« coBwaciifc ewid«K« of Re ''*»» ««d I«-
'fiice, authority Reafon and the Spirit.
u 0 the Ugicall and Morall Principles of Reafon.
\i Whether there nay be a mixture of ibfenty ■*
, » How religion! are defind by MortaB authority-
14* "fbetberwe have any outward authority which evi-
dences Religionmore then Law or Hue?
,<. Whether Religion be a f art of Iufiice ?
16. How people in tbe gr«»/» ewtfonw of Kdigna ar<
moll vicious. ... , a'A
If. kby there are mojt exemplary Virtues and Viet
when people are mofl vicious.
18. Of the Affinity of Iufiice and religion.
la Natural? religion or lull ice findesj&ing Hfatufr
Gods Juflice, nor his will which it cannot Wtva. .
J Hoi the Sprit tbe kfi evidence of ,b,r which m
" tannot finde by humane me anes and of ourjelves.
2 * How we may in our (the, and any Tfifm » fi"'j
' enough .o evidence bo}b tbe jufmffe and txpedicntnejj.
rfiT! our anions,
W'E have hitherto treated of the obfcure birth o
Majefty. of the Naonall State of Famd.es whid
dependedononeanother in Patriarkfhip , anda i He
Slorirrefiftblefeures: Likewifc of a State o
voTun arv Compad, but where we now can haven,
Saineevidence', either of itinto Ongmal ^ orofth
Oricinal! Families belongui? to it , buttall lometime
under the Fenarv Poffemon ofonePoweror Fam.ly
040
lent (and not Nature; hath brought into the fame
me: That the ftate of the People, is a fiateof Pri-
lege, Guardianfhip3 and filiation, not of fervitude;
that all Government is. not Penally and that Prel
jption cannot runne againff tmth and Men , as it
>th againft len/ible and inanimate things : Laftly,
the fevcfall formes of Government, fhe wing how
»ydiipence the fame Jufticeto us , and differ rather
figure then forme ; that the Circumftance of the
irthlyMagiftrate (iegallor Illegal!; is no part of
: Definition of J uftiee , and therefore that our obey-
Ej fiich in Lawfuil things a is no affertion of their
In this Chapter I (hall fearch after that fort of Ju-
ce only , which is due to the People from any Magi-
ate , and Likewife to any Magiftrate , from the peo-
z: Sothatwhilft we are in our Stations, or rather
citations, the winde, like the ft eddy foot of the Com-
fle, mav be fixt in its right Center, whilft the Body,
<e the other foot maintaines an equal! perambulation
>outk, performing Varieties of Duties, with Mori-
is of affurance* .
getf. i . If that be only iuft , which muft be"every
iv mlt\lnui*xlff!b jultice would be eithergiven
(taken, format being the greateft Virtuehath the
eatelt difficulties; efpecially if none but one fort of
tndmufthold thebalhnce; and the Center of a thing
;ing afterwards fo hard to ftnde what wonder that in
e difpenfation of Juftice we fhould hold it to be the
toltperplext thing m the world to diftribute equally
ter plus & minus}
It is a good Maxim of Religion,/^ i>emm quodfrimum,
lat is true which derives from the beginning,becaufe it
juches upon God. This now is drawne into a Ground
f Policy to evidence the right which Princes pretend
ver their People by ancient Compact. But as the !?/>
'wdes of ©Id corrupted die belt parts of Religion,
roifoithathfard with Poiiticall Juftice , according
'i that tiiial^a^Qrv pf Ofiginalj Paft. For Princes
in
in this cafe doe for the moftpare as the Egiptians o
old did j Who that they might appcare to be the firf
of men, feigne a Deduction of innumerable Yeares
incredible actions of their owne ; and as great incon
gruities of Nature , as thac the Sunne anciently rofe ii
the Weft, Sec. So thofe Princes who claim d highel
Allegiances, feignefljjiat they were either begot ofth
Gods, or wereTent Dy them to undertake the Govern
*"meht, ^sVano iaith, Vtpopulishc modo utantur fecun
jlioribw'] That they. might frame the People to a mot
facill obedience. Kebo and Bel were two Affyriai
Gods; and therefore the Emperours of that Countrej
the better to fortifie their Authority, mixt the name*
as well as the Authorities of their Gods with their owne
Thus from Kebo we have Nebocbadna%ar • from %i
Qeljbazuir, &c. But thofe times are gone, wherein i
was eafie to feigne any L awes with obligation , whet
it was fb eafie to feigne any Deity with Admiration.
3* Juftice hath feverall Meafures and proportions
CVniverfati.
font is cither <LegaU,or
(Private.
Firft, Vnilferfall In/lice relates chiefly toGad. (the fol
Magistrate or the Univerie ) and to all mankinde : am
confifts in a ftecdome from finneT and in an Univerfal
Obedience to all Gods Lawes, as we ftand immedi-
ately under him by derivation , and collaterally or*
with another as fellow-Citizens all the World over.
Secondly, Teliticalllulhce confifts in tbe reciproca If
ndsof mutuall humane righ ts paternalfand fiiiall dut/e
as we arc congregated into Common- wealths, and pub
lique Societies..
Firft, As the natures of all in thofe precincts derivt
from the unity of one common parent, as inPatnark-
fhip, which is but the diffusion of the fame family.
Secondly, As thev, through the fhufflings of the world
derive their peribns fcparately, but their Wills unitec
043>
i the Tatt of their feparate Originals at firft, in which
a& they as Minors, are by fi&ion and imitation of
Mature in paternaJl relation and guardianfhip.
Laftry, Where there is no naturall derivation of our
:rfbns, nor Civill derivation of our Wills from any
riginall Unity; but that we lye floting and open to
le controlements of that which to usieemes fortune
id that we become fixt in the acqiiicfccncc of our own
/ills (which is tacite content) under the plenary poflek
pn of thofe whom God fecretly andju/rly, though
petimes fevereJy fets over us, but yet who ought ftili
fven without Facl) to gorerne us Minors according
I the lame rules andpaternall duties in guardienfhip,
jhich any of the other fhould have done, if we had
enordeinedto be born under fuch.
jThat which might bcob je&ed here concerning Ke-
\cbadne%ars different right of commanding the Ifraelits
vho had forfeited their rights to God ) being anfwe-
d above, I comeclearely to divide this political! lu-
ce into two parts.
Firft, It is that Equity whereby a private man is
thtly ordered under thcPublique Magiftrate of his
rticular Country, and collaterally towards his fellow
tlzens of that Country by publique care and infpe&i-
Secondly, It is that equity whereby the Magistrate
ewile of that particular Country imploies his chiefeft
re according to his chiefeft Law for the fafety of thofe
low Citizens in that Country.
Thirdly, LEG ALL juftice is that whereby we main-
ne equality in private Contracts with other private
:n.
Fourthly, f^VATB juftice is nothing but Virtue in
ihternall habits, and relates to God and our ielves
ly, and not to another.
Although we infringe Juftice very much in all thefe
r S tations and Relations, and thereupon have day ly
ntefts either within our idves3or without with others
- none hath fuch ftd effe&s in. this WorId,as che violal
tion
0-44)
tion of Politicall Iuftice. When this runs into a Wat
it diiordcrs all the other rel tions of Juftice, the Reli
gionof God in LIniverfall Juftice is fiifpended, Tem
pics ate hrcd, opportunities are given to revenge, andt<
deiolate a private neighbour, and to account for all tb
difpleaiures which were received from him in the ting)
of Peace, and of 1 egaMJuftice : Innocent Families ar
delolated. and private Vice or Injuftice hath no limits
The worn of ail this is, that many times ambitious o
angrv men forme iubtiltics and pretences, and aftei
wards the poore people (who underftand them not ) ar
taken out of their houies, as horles are out of Paflourj
to fight and maintaine them at the perils of one another
lives ; and iiich Wars not being of their Intereft, the
arefureto reape nothing but delegation by them. If the)
recover peace, that great blefling, (whereby they retud
to their Nature, and to the exercile of all thole parts c
Jultice againe ) yet if it end with a change of a Govern
ing Family, or of a Government, with whatfubtW
ties ftill doth A mbition and Revenge perplex their con
fciences, as if they couk do no juft things at all whq
they are plenarily polTeft by fuch powers, whereby rhe
are unwittingly forcd (as out of duty) to make thej
publique Commotions neceffary, perpetuall, and irnd
recoverd out of their great diftempers and practical*
errours, they think they do God good lervice inadtirj
that which will at laft oblige men neither to give ri]
take quarter all the world over.
5 . Here therefore we may fay, that though In jure ,
regnum one may poflibly command totheprejudicej
another, yet the people obev not to the prejudice of i
excluded pcrfon, provided thev be commanded noth^
out of the above- mentioned formes of Juftice. If
tfoliticall J u Rice be Ad alter mi, then they who are ftf
nifteriall tor the distribution oiX are fo too, andnc
for diemfelvcs : So that in the ejection of Governorsc
Governments the Peoples caie is moil favoai able,as the
ought to be conferv'd in a State to communicate juj
dungs and sftions one to another. For which reafon I
(H5)
is that it hath been fo much argued, That their fafcty Is
a Law f iiperiour to chofe Laws which are made for the
Perions governing ; it being really true , that Vvpulus rion
moritur, the people cannot dye; and but a fiction of
Law, That Kings cannot dye,or rather of thofe Courts^
where after they are really dead, they arc (for fbme
dayes ) ferv d with the iame Meats and Ceremonies, as
when they were alive. There is no Morall obligation
which lies upon any People to receive Poliricall juftiee
only in fuch a forme, or from fuch a Mortal! h >nd ; For
then both ought to be perpetual.an Jfcre ought to have a
perpetuall power to poiTefle both To our felves plena-
rily.
Gregory Ka%Un%en in his firft Oration againft lulian
the Emperour iaith, that he the eafilier to beguile the
fimple ChrifHans, did iniert the Images of the falfc
Gods into the pictures of the Emperour, to which the
Romans were wont to bo wi with a Ci vill kind of p eve-
rencc ; fo that no man cou7d do reyerenee to the F mpe-
rours picture, but withall he muft adore the Images of
the falle Gods : andhewhoworfhip'd not at all, was
punifhd as one who contemnd the Emperour in his
Image. Thus udially it is with our present Priftccs,who
expect that God and they fliould be alwaics reverene'd?
concomitantly ; whereas it vcre apparent Idolatry to
admit of another God, but is not (o if we be coulirein'd
(asinthofe24yearesconfuiions) to confbrme to other
Jrinccs, who areas Mortal! as their cifcumftantiated
Laws, whereas Gods Laws, as they are ekh~r Natu-
rallorMorail, are fixt like himfelfc, and therefore fit
for perpetuall Allegiance.
6, Beauty inabodvNatunllconfifhin the fymme-
try of parts; and in a Eody Politick, in thcaptcon-
gruity ofche Members of a State, when provifion is
made of good Laws, and of inferiour M.tg' (trades for
giving ercry man his own. The body of a Baltardmay
haveal aaturallfymmetry as well as a Legitimate child*
even fo that State which is not crown'd with a Prince of
Legall authority, may iahim have all its congruities fit
L tor
(146)
for Subjects toliveunder. For, that a thing fhould be
Civily lawrull, it is to be noted, That it is not necefla-
ry thatitfliouldnlwaies have Purgaium principium, an
entry without fault. For Cutfome is a ] aw, and yet it
is aLegall Axioire, ft confuetudo inducatur, nee titulo
Xtec bona fide opus ejly For the introduction and aurhority
of a Cutfome, it is not necciTary, that it fhould be ei-
ther by a good Title, or without deceipt, provided it be
rationail, and not againftthe Laws of Nature. 1 2. C.
gu<€ (itlon.cGn. And if this be fo for a J aw, which is
adaftemm, then djpi more may it hold for him who is
butfor the Diipenfation of that taw, the rules of Right
being alwaies above right perfons iiibiervienttothem,
and the equity of a thing due to another, more confide-
r able then the hand which is to reach it to him.
Having thus far examined that which is due to the
People from the Magistrate, I fhall now enquire after
that which the Magistrate (what ere he be ) may for this
Merit expect as a debt from the People.
7. I he rcalon wherefore War is not fobadasCon-
fuftoti, is, becaufe in war there is an C rder, and for the
molt part Private rights only fuffcr by it, whereas con-
fufion levdls all, both publique and private. There-
fore people owe not a little to the prelent Magistrate,
who keeps the parts of a State in their apt Congruities
and Relations, whereby men enjoy the fruits of their
own : abours, communicate with one anothers Virtues,
fleepccompoied (without anv Alarums Jintheirbeds ;
lb that none wouid dehre to djfturbe fiich a Sta e with
the certain deflations or war, but the Vicious and Am-
bitious, who alone know not what care is requisite for
procuring thefimplenecefiancsof lire.
, They therefore who enjoy iuch a protection, are in-
debted for a returne of Allegiance ; which is due upon
two Actions to the Magiftratc what ere he be, lv%\ Ath-
ene negctiorum gejlomm, t? de in rem terfo.
8. In this place we muft attentively obfervefwhat hath
not been ghne'e at by any in thefe Controverfies> that I
know oft') that there is an Obligation , yea Contra &
here,
( 147)
here, which comes not by content in Compact , fed ex
foia rei contrecvatione , as the Ci vili i aw iaith , That is,
when a man of his owne accord takes upon him the ma-
nagement of another mans affaires , by medling in
them, loas he for whom it is done actually doth , or
probably may reap great commodity thereby. The
Common- wealth is faid to be as a Minor m Guardian-
ship ! but betwixt the Guardian and the Minor there is
a Contractor the administration of his GuardianShip
at his (the Minors ) charges, although he know not of
it. It is not al wayes neceffary that he for whom the bu-
SinetTe is undertaken Should reap effectuall commodity
thereby, it being Sufficient in ibme Caies (where there
is othcrwife imminent prejudice) that the bulTneiTe be
hcoun well , though it end not So ; as if a Phyhtian un-
dertake the cureof a fick childe, whole father is abfenf
from home, and he dye ; Notwithstanding the Phyiiti-
an hath his action Negotiorum gejlarum. L. fed an ukr*.
io. Sett. I. ff. dcob'.ex qua: con. So, he who volun-
tarily, and py his great pames, hath recovered other
mens Children from Slavery, from which they (the
Parents.; were bound by the Law of Nature to keep
and recover them , they are accordingly indebted to this
man. Itfoilowes then a fortiori, that they who Pro-
tect us and our Children in the Gommon-wcahh , as
Guardians . Phyiitiahs^lnd Redeemers in Perjfts,ought
in Equity to be rewarded with faire greater Privi-
leges.
Ob. Here I expect to mee t with this ob;e£t;on, That
mens affaires are not thus to be imcrmedied with whe-
ther they will or no; cfpeeiaily when it belongvi firft
to another . ffcertodoek, and who is kept from do-
ing it by Violent , as in the, Cafe of ihofc Several! ex-
cluded Kutps above named. It is not Sufficient that diis
new Mag ftrare dorh juft things for us , if they be not
donejuStly, that is, without prejudice to a third per-
ic3n. Judges then judge .rightly, when they judge ex
rffito&bono conjunctively, not Separately ; for *w ant
of which ; all jufiice an J the whole Government is vi-
tiated, L 2 Anf.
(i+8)
Anf. To this I reply, that the Minors affaires are to
be taken care of by others , whether he will or no : and
in this cafe of the Peoples Proreclion it hath been pro-
ved, that there is no Naturall Supreme Magistrate to
appoint this Supreme Guardian, nor any Tribunal!
or Law to examine the rights of any iuch Power, unlefle
it be in th? antecedent Compact, or-pre'e ntacquieLence
or Pofleflion of the People, for whom this is done ; nay,
iomeximes though they would throuph pec viihncffe have
it otherwayes done , as hath been already proved ; For
which reafon , the Quarrell about the ju< ge of our
Controverfies willbeptrpetuall, unleile we will fub-
mittochat plenaiy polfefsion. The Apoftle %pm. 13.
faith, we ought to iubmit to the fuptcme Power*,, be-
caufe ic holds not the fword in vaine : where he fpeaks
of thoie only who doe a&qaily hold the fword , not of
thoie who have actually loft it, for then this were in
vaine. Ir this fort ofPofkisionbe no Argument, then
how will it indubitably appeare , that the prefent
Power commands to the prejudice of thethird Exclu-
ded pcr/bns right, which confuted only in PofTeksiom
backt with Prclcription , which is no Argument for a
Cafuifl, thotogh-it be for a Lawyer. Moreover in the
Revolutions of theie Kings Governments , it is not d i- .
fputed whether they commanded ex bono & ccquo con-
junctively, but whither thofc'of that Age might ex
*equo have obeyd them in bono, Tha; is have obeyd
them in the tood things which they Com sanded !
which I af^rme, becau ic it hath becne proved , that the
Legality oftheir Authority was not aifeued in the Peo-
ples obedience to them. From all which the Conclufion
Natura'ly fill Is, That all Jufticeand Government can-
not be Vitiated with injuitice in the People, when they
lb obey Princes in their Usurpations.
Divines , wLio diftinguiOi be wixt Points rundamen-
tall, and not fundament 11, acknowledge, that every
errouror Corruption , even in a Church makes it not
CC3 ielo be a true Church , 1 yea though dierc be no one
Church of any Denomination infaliible in all its Pro-
po/ais )
(mp)
pofafis) nor every errouror finne makes a man ceafe
to be a true believer : Much lefle doth every inconveni-
ence or vitiated circumfiance which is not fimdamen-
tall in government , make it no Lawfull Government, I
orunfic for humane locietv . It hath been fhew'd, that
the Law of Cuftome, whereby we doe and receive Ju-
ftice, may be continued , though it began by fraud
and a vitiated entry; and then why might not the Peo-
ple ofthofe times as Lawfully have obey d thole Princes
who enter d by as fraudulent Ufurpation to looke after
that law? The difference is great betwixt a mans in-
termedling to improve a 'private bufinelTe . and im-
prove a Government: For though a man may looke
afternis private affaires well enough himfelfe, yet he
rauft neceflarily have other to looke after the quiet of
the State , in which he and all hehathisimbark't.
For the further iatisfa&ion of this Argument, (which
faith Juftice proves Injuftice, not only when it recede!
from the due point of Equity, but alio when that equi- ;
tyisnot Authoritatively difpenc't to others by fiich a
partiailar third man 3 though there be fiifftcient left be-
twixt the Parties for fatisfying the Meritum and 'Dcbi-
tum of both)
9. I cannot I fay but obferve, that they who ar-
gue thus, unwittingly inferre, That equity and Jultice
ou^ht formallyto be refblv'd into humane Authority
as into their dii e£t Principle , and that the truth and
Evidence of Divine and humane Rights, the duties of
Religion and J uftice, and all that which relates to God
and C*/ir,are both to be immediately learnt by, and
pra&iz'd under fome tranfient Authority here,and fb,as
the Precepts of neither ought to be obey'd for them-
selves, but for their fakes folely who immediately not
originally aflert and command them; although Autho-
rity derive ab autborc.
Contrary to this others affirm^hat the Nature of Reli-
gion and Juftice,is fuch,that they ramer evidence them-
ielves by Virtue of the firft Impreflions which were
t?f bothinthemindesof thefirit men 3 by the Ongi-
L 3 nail
C '50)
nail authority of him who was the Author of all things
in Narure : and that as the Icecies of Paflions, io the
it ties of Virtues, and Powers of* Truth and Good-
r.cfie derive from Iv.s making themiuch, io that they
now are (bed from one into another, rather by Tradu-
ction, then Tradition , and may be knowneandpra-
ctoxlwithoiir delegated Authority immediately conti-
nued upon us for that end.
There are but three way es for evidencing Relsio;:
andjtiftice,
Vuhiique. 1
TheHrRis^2- c°™™n.
. Private.
s
lo. In convincing others , the firft ( as Larse(t) pre-
judges horn the other two, and the iecond from the
laft.
i T. The fTrit is of true Publique Authority : The fe-
cond is of i^rf/W as it lies Common betwixt ail men,
either considered Logically for the Power of ourunder-
iiandings, whereby we can free a thing from Contra-
diction, left we take mad pro quo; in which accepta-
tion our Miniil;rs preach by Doctrine, reafonzndufe:
* r elfeReafon is confidered Morally, as" it relates to
Prudentiall habits, aud Chiefly to the Virtue of Juliice.
The Third is of Private Spirit and Revelation , K>
which no more but that Private man, in whom it is.
can iubmit, becauieofits Privatencfie.
in true Authority men mud not bebelicv'd and obevd
for their reafons, bnt for their Votes. Thus then we
know God hath faid this or that, we conclude without
any further examinarion, that is true.
In Reafon men fpeake as Dociors,not as Judges and
arc not to be Credited foranlpfe dixit, or a vote.
The Spirit hath the greatest proofe for it felfe within,
but hath the lead Evidence for it felfe without ; and |
therefore it cannot be ofter'd either as the Sentence of a.
Judge, or as the Reafon of a Do&our; becaufe no [
body
050
body can know it, but he who hath the fecret Cogna-
tion of it, unlefle it be accompanied with Miracles
which ma'y beieen. 2 %V. 17. Be "tvho is regenerated
bath for bis marks orlitynftw a Tbbite ftone , in Kbicb a
neV> name is Written , Tbbicb no man kpdtoes but be Mo baib-
.yeceiVdit. The gift of this Spirit is an acre ofirivilege
diipenc't by the grace of our Supreme Governour, and
isnottobeargnedagainft for being only of private ad-
vantage to one man.
12. Somepcrhaps will *s*e Whether there may not
be a Compo/ition of the two fiift , U^. of Authority
and Reafon, fo as to lay there may be a reafonablc ilu-
TanfwerNo, becaufe the ground of the firft is pc-
remptorinesof Will, andthe ground of the other is die
Intellect and Infinuation of Perfwafion , lo that
in their refnlts they ■ neceffarilv exclude one the other.
For in makin- all perfwaders , and thereby ctyiall
Judges of Reafon, authority is preJentlv dethroned ;
and on the other fide in admitting A uthonty, there miift
be no difpute. In the one there is freedome , m the ci-
ther neceffity in theone mv Obedience is conditional,
if you can fhew me why and wherefore , In the or her
it is abfolute and without niceneffe. In fine, thcGnebe-
* ginning at Reafon-. keepsa Schoole with Philofophers
andDoaorstoreadeLeaurestous, ondtobefeccn us,
and then Leaves us to determine, by our owne private
authorities: The other beginning at fence, keeps a
Court Marmall with Sergeants, Souldiers , hacljcts
arid Gibbets to aa us to our Duties by rmblique aiftho-
!tI would faine marry thefe two in a Gate but that j
know Divorce will immediately follow the Vow ^
perpetuall Cohabitation : and therefore though we ma
Reafon amon- our f elves , till we come to the worJ
point of Authority , yet arriving there , wc : I hoa.d fo ^
fct ourjbeft Reafons , if we would rot be filent , an
flop at that point, beyond which there is no appeale
argument or Morion al!owed; ^ •
(ISO
That Religion and Jufticc came firft into the world
by A uthority no man doubts, but how both ought to
be continued is the Queftiog For if nothing be Religi-
ous or j ;j{i, bat under perfbns qualified with the due
authority of Church and State, then into what Laby-
rinths are we pkwg d, and how little can we do with
faith, or without fin, we not being iureoflawfull Au-
thority ? Whereis by the a 1 o wance of our Reaions we
may better know, whether our Magistrates command
us right things, then that they command them aright:
The Church of fyme defines the Laws of heaven,
and all truths, as they are received from the authority
of the Tope.
King Charles dliputcd to His death, That if he took
away the Authority of Bifncps, he lefc the Kingdom
deftitute of any right to heare the Word, and to receive
the Sacraments.
The Presbytery of Scotland fay as much for their Au-
thority to continue the VVcrd and Sacraments in the
Church, and go farther in Temporall rights.
Inn Civill State they fay ail J uftice ceafes in dreab-
fence of the right and lineall Magiftrate ; although in-
deed the Powers which pofTcfTeus, can only expkine,
and rccommend,cot authorize what God alone was the
Author of.
• 14. It were dc/irable that we had fuch in authority
as are here pretended, and that they were like Balaam,
Without power to iay other wife then God laid, which
none now but one Church-man prerends to. But if wc
will at all hazzatds thus rcfi^neal! to fome immediate
authority now in the world, I would then know what
authority we have for our Religions, more then for Ju-
ftice? Or what prcofe have we that the Laws of hea-
ven are truer ( though better ) then the Laws of this
world? Seeing the congruouihefs which they have with
the goodneis of a Deity, infers no ncceility of their
Aetuall being iuch,«and every book which is good, is"
not rhcrefbre of divine Revelation. For God made his
taws freely, and might have made rjiem different from
what
(i53)
vvhat they are, ifhehadfopleafed. Nay, upon this
ground what Principle have we of this age, to make
us Chriftians, different from what makes one ofthis age
as well a Turke? If you will fay the f \
Authority of our Officers, thars areL^Trad,tl0n'3
as peremptory, and differ among themfclves lelTe then
ours : If evidence of greater Tradition, thatisnotan
immediate witneising to a truth, but a witnefsing to
anothers wimefs«ng ; and after z li fome err ours pretend
to longer (tending then our truths, and methinks it is
not fitting 2hat we give that to time, which is only due
to truth. Cur Mediums of pioofe ought to be different
from theirs, if we would have a difference intheCon-
clu ion • otherwife the choice is dubious, though the
mi/fake be damnable. s
15. Ob. Thedifatisfaaion in Tradition, Authority
Miracles, and the Spirit, hath bc-ot a Grange Queffil
on concerning a Naturall Religion more Catholique
and Univerfal than any other, *^. Whether Religion
be apart ofluftue ? Which Juflce not depending imme-
11 onrAuxhon}V> R*H l°* they iaV doth much lefs,
and therefore rcafcn may make it out, as it is a holy
Virtue. J
*Forfurther lengthening this Objection, Whether
the native and pureft principles of tuftice may be the
belt principles of Religon ? I cannot omit a fa-
mous deputation to this purpofe folemnly made be-
tween Cardinal! feron and Tilenus who was Minifter at
Pans. Tilenus maintain d the Scripture to be of divine
KcveIation,and that it had aCharaaer which evidmed
and accompanied it proper only to the Spirit of God.
i neCardina 1 was to prove that it could be known on-
ly by the Authority of the Church, and Tradition as
ncceflary & equivalent to it,but before he began his di£
putation ( as preliminary to it)he offered Tilenus eight
sentences, and defired him to declare whether they
^e^CPtS^SCcip^re,orno? Whereupon Tilenus
ihcyN dthcmzllm St Mather and inriieEpiftletothe -
^rmtmm. The Cardinall then called for fhtmb
and
*ndSeneca and flkwd them all in both thefehumanc
Author as pteceps ftreaming from nauvejufticc and
Vkm- andnotfromdivinc Revelat.on. The Prote-
K'that vvere in the Chamber were not a little per-
fc at this but Tilems ( though a httle (urpnz d
Snopon^etruthreceivedftrength by «*«. And
rfJ>reafdaSrmightnotbethebettpr.nciplesof
tvety Country by the fame habits, ana witn< ^
i
zcale, as if it were every where of equall truth, Jews
havingidyedascheer^eiully for Moloch, as we do- now
forChrifl.
16.I belee ve it hath hardly been ieen in hiftory, that
a People much given to Juftice, were irreligious ; and
therefore at the day or Judgement they (hall rile with
their Virtues of Juftice, to judge the others who had
Revelations. But it hath been oft ieen that a People,
when in the greateft evidence and exercife of Religion,
were moft vicious. I (haf only inftance in Gods own
People; who when they were in the Wilderneis, be-
twixt the amies ©f God, eating and drinking miracles,
yet were more propenlly vicious, then ever they were
in Cities, and through extraordinary hardneis ©f their
hearts, Mofes was faine to give them sreateft di/penfa-
tions.When they werefbrm'd into a Kingdomfe at that
time that God built his Temple by Solomon,' t'hey were
then the viciouceft" that ev£f they were unfter Monarchy.
17. I hope Ifhall not be miftaken here,for I (peak
of Nations in grofle, beieeving that when people were
to generally vicious in States, then there were private
peribns of greateft exemplary Virtues and Piety. For
N attire, helps us io far, that Vice upon triall not fatisfy-
in$the height of our deft res, we eafilieft fall into the
other extremity of deteftin^ it. Thus the Ejfens and ?\e-
cabites took upon them ale verity and fimplkitv of life,
amidft the pomr)e, ioftnels, and luxury of the fews 3 the
retired <£racbmans among the delights of Perjiat even in
tyarius his time; the Tjtbagorians and Cymcks during
JP bilips an d Alexanders riotous times in Greece ; the Sto-
icl{s lnthehigheftfenluaftiesof the Romans, rndrow
it is commonly noted of the Cartbv.fians (who ipeak to-
gether but one houre each Thuriday in the week, and
never eate Flefh ) that they prove the fine'reft Votaries
among them, who were molt lenlually extravagant, be-
fore they entred the Crder.
•i8w Oljeft. Butto bring Juftice and Religion intoa
tiearer Affinity , they argue, that all Juftice is ad alte-
ram , and the religious part of this V irtue is /in ren-
dring
('SO
dringwhatis due to God; They affirm? all Sacra-
ments to rcfblve themfelves ultimately into Virtues,
as into detection of our ill lives part . and resolution
to live better for the future. <Da\>id TfaL 15. asks who
fhall enter into Gods Temple, ana dwell in the holy
h:ll?butanfwers, thofe only who bring expreflfe vir-
tues wrh them. Saint ?<m/ ipeaking of thofc Gentiles,
who were caft away of old , intimates that they fall
had a diffident declaration and Evidence of Gods will
for hisworQiip and glory, %omt 1. 18. He faith the
wrath or punifhment of God , was of old reveald
from Heaven, againR allungodlineffe, therefore they
had the Revelation alfo of the Lawcs'of GodlinefTe :
They had enough to giorifie him as God3yet were not
thankfull , nor had any feare of him. If we aske
what was that Natural! thankfulneffe , and how a
man is a Law to himfelfe ; They anfwer that they
know they owe God Hoirnge, recognition, and thank-
fullnefle as he is fupreme Lord , on whom all depend.
They can naturally love him, for his goodneffe ; fear
him, and hope in nim for his Omnipotency ; They can
honour him, as they finde others doe, becaufe honour
is confinde to, and defind by, the Opinions* of the
places in which we are : They can pray, praiiea'nd
Confeffe to him inf >crif?ces.
19. Anf. Butfor Antwerto all this , what can they
fmdc either in themfelves or in Nature, which can ex-
piate their finnes here ? For nothing can fatisfte or efface
demerit , but merit or Pardon ; The paines which they
voluntarily undergo? cannot doe either. For that which
mutt deftroy or take away another thin^, muft be con*
trary to it , whereas a fault and chaftifement may agree
w-eli 9 and not deftrov one another, yea they may per-
fect one the other. If they will fay that they cannot
indeed fatisfrc the rigour of Gods Juftice, but may ea-
filyfatisfte the clemency of his will, then they confefte
their religion is not ( according as they argued) Upart
of Juftice; and for the arbitrarineffe of his Will, no-
thi u» in Nature can difcoycr-it, and therefore much leffef
fatisfieit. Ofytf
f*57)
26. Objeft. What then /Ball we pofitively fixe to our
ifclves in matters of Religion ? We will not goc to En-
dor for Anfwer ; Yet few hearc Reafon, fewer heare
the whimperings of the fpirit, and none heare the Voice
of God, for heis departed, and rarely anfwers either
by Prophets or dreames, i Sam. 28. 15.
Anf. I anfwer , that not having a continuation of
fufficicnt Authority , as Authority fignifies fufrcienc
Magiftracy, for our beliefe ( without hazard of miftakc
in what itpropofes ) for our believing that which we
cannot difcover in our felves, it remaines then, that irt
matters of faith we caft that great worke on the O pera-
tion of Gods fpirit, which li ke the winde moves which
way itlifteth. If they who have neither indubitable
Tradition, nor indubitable Miracles, nor indubitable
Authority, nor this indubitable obfignation from hea-
ven, reft unfatisfyed.I wonder not at it; becauie I lee
they cannot find fatisfaclion any where elfe^ though they
ought iiili to act according to the virtues of their na-
tures, wrhich we findewill ferve at leaft to condemne
others, whomifieof ialvation under the certainty of
Revelations, as thofe cf Tyre and Sydon fhail judee.
21. AsfbrCivill Jufticc, would it were difpenc't
by xhe*. Authority here contended for ; it would then
fa ve us the paincs of many cloudy and uncertain reaib-«
pings j which by the prolixity of dilutes , mike u$
lofe many advantageous opportunity of k bedience:
But 6ecaufewe cannot have it, as we defire, it remaines
that we take it, as we can have it U%. In plenary Pof-
fefsion, mod men being able ro difcover in themfelves
the equity of their owne actions , as die Pofleflour
doth the Conveniency of them. Though we cannot
make a mixture of Reafon and authority . yet we ma y
make a mixture of rea/bn and < bedience: Forourrea-^
fbns andanothers authority relate to fep.1r.1ted peribns*
butourrealons and our owne (bedience relate to the
ia»*» p« ferns, fb thac it is bat reafonab.e, jull , ar d Ne-
ceffary , that we obey thofe, who in good and Conve-
nient things , command and Plenarily pofTefTe us.
Here
Here therefore after fo many Arguments of" Scrip-
ture and Reaion , I fhall conclude all with that me- |
morable advice of Saint Aujtin, after he had confidered
thetranflationsof the toure great Imperiall Scats from
one quarter of the world to another •, the confuhons
which Goths, Buns, and Randalls had brought upon Ita-
ly, Greece , and Ajfiicl^, the di (orders and Ufurpations
of the Romane Empire in it ielfe , the Changes of Go-
vernment which the Romans made in other conquered
Countries , and the putting to death fo many Royall
families of fever ill Kmgdomcs , after they had fcrv'd as
Ludibria fortuna to adorne their Triumphs at Rome;
the good Father ( I fay ) could not I eave that fad Me*
ditation, without bequeathing this important advice as
a Legacy for all the World which fhould come after
him, Quantum ergo pertinet ad bancVitammortaUum, qua
paucis diebus ducitur t^pnitur y cjuid interejlfub cujus wi-
pe*no Vi\>at bomomoritiLYtvs , ft tili quivmperant adimpia<sf
jniquanon cogant} ISLam quid inperfit ad incolumitatem y
honof$ mores , O3 >fl as bomiman dignitatis t quod alii !>/- 1
cerunt 3 alii Yi'cii funt .omniho non Video , prater illuml
gloria bumana inanijjimum faftum , in quo tlli per ceper tint
Titer cedent fuam , qui ejus ingenti tupiditafe ardent. That
is; For fo much therefore as coftcernes chis anxious lire
of ours , which is begun and ended in very few dayes, ,
what matters it under whole government we, who are
thus hourely expiring, Live, if they, (who ere they be
that rule over us ) command us not Impious things/
For I cannot any waves perceive whit advantage it is,
cither to our fatety, to inrcrity of Life and manner*,,
and to the reall dignities of men, that fome are Con- I
qucrours, others are conquered , unlcfle it be , that'
there is no footing left for our vainc afpirings , after,
which whoever arepetulantlv carned.thcy have already
' received ail their reward in this life. Aug. Ci)\ 'Dei. /.d
tap 17. He who cannot fee a fimiliuide betwixt this
holy advice , an* \ the confus d timeout of which Jkjim1
deduced it , and thofe confis'd Governments fet downc
at the beginning of this bcokc^ with the Conclufion
thence
thence inferr'd, Vi%. That all Goyernours y»ho plenarily
Hjfeffc Kations, may be obey d in Loto full things, Idefirc
tic would not take fcandall at my Pity of him, That af-
ter the dethroning of his Reafon , he fhould hold him-
fclfe obligd to obey Pafiion , when it foplenarilypof-
fefleshim, and yet not allow Nations plenarily Po£
eft by Civill Powers, to obey them even in reasonable
mdLaw&ll things.
The
The third Pare I
Wherein it is examined .•
The nature of Warre be inconfiftentj
with the nature of the Chriftian
Religion Z
OR,
Whether fome War may not now be
lawfull in the State of the Gofpel i
Chap. I.
£ I. the deft rip lion of JVarre.
2. Bellum quure dicitiir a beliuis.
2. V/bat it is to be UHJhfi} or unlawfull.
4. Society twofold.
£^ftilft all the Chriftian world is imbroyl'd
/| Warre, and that die very ftate of mankindj
is nothing eife but Status belli; yet not a few
perhaps of the heft Chriftians finde theii
Conferences check't, as if they had an Interdict frorr
Heaven reftraimng them (even in the extreme!* nece£
fiaes ) from defending their Pcrlons ani temporaf] I
Rights by the effiiiion of humane bloud, They conceive
0*0
iiich an exadlnelTe of Chriftian patience and charity is
now required of us in regard of thoie excellent pro-
mifesof raigning with Chrift in Heaven, that all lore
of Warre rights now againft him and his Religion;
This made an eminent Statci-man pleading for role-
radon of Religion in France,fay, ^uHlValoit mieux aVoir
mepaix on il y aVoicnt deux religions , qtC tine guerre ou it n'
y en aVoit point; That it was better to have a Peace with
two Religions, then a Warre with none at all.
Theie Chriftians of whom we now fpeak afTure them-
ielvcs , That if they wallow in one anothers bloud
here , they cannot afterwards tumb le tog ether in jbra*
hams bofome ; their heavenly Shepheard drives them
through a narrow way ful 1 of thornes and briars, Co that
they expect neceflariJy to lofe locks of Wool in their
eftates, and to feelepricksin theirperfbns. Bat in the
midft of all this they take uncxpreffable comfort in
Chrift, knowing well that they who touch them now
in this new Creation, touch a new forbidden frmt, even
the apples of Gods eves.
But we arc borne to two Worlds, and are made of
matter proportionable to both, and therefore cannot
but naturally havcibme kindeof affection for both ; Yec
fuch^ that leeing two iupreme collatcrali powers can-
riotffand together oppoiitely, our arTec-Von to the rTrft
and worli obligeus not to any thing which might tra-
verse our happinefle in the other : And feeing withouC
our will or knowledge we are ( and all they who come
after us are likely to be ) borne into a wor'd of naileries-,
the greater! of which is pcrpetuall Warre, I frr, 11 there-
fore eiteeme it worthy my re-fear-h to ice Whether Wat
be one condition exclufive of Salvation f
I. In the firft place I aske What is Warre * Too ma-
ny can anfwer loud enough to this Queftion , by its mi-
feriesandfaderTttfls: But I finde XbttiBelhrn duitur a
belluis. from Beafts.
■_'■■$. In the firft peopling of the world , a for tlie dc&ige.,
menfiVa icatter'd up and downc, and moil in woods :
and Ambition not haying place in a time of iuch (impli-
M city,
(162)
city, they liv'd in a Community free from all Alarms^
fa ve of die beafts of the field : Wherefore their Warre
then was totally againft them ; and hence we fee the
heads of Lyons, Bears, Bores, &c. for the ancient marks
of our ancestors honors: And v\ hen men came to be more \
civill by living nearer together in Cities | for Civility i
is deriv d a c iYitate) they ltill kept thoie Armes , whien
now we hold derived from them.
Warre therefore was firft againft Beafts , and after-
wards againft thofe who were like Beafts ; in bringing
the fame efr'e£ts ofmifery on us which Beafts did. in
deftroying our fubfiftence , in devouring us and our
children , in chafing us from our habitations, in keeping
us in perpetual frights, and in taking the fweat of our
browesfrom us. They therefore who knew God and
nature permitted them to deftroy deftroying Beafts,
thoughtthevhada larger CommifFon to deftroy iuch
kind of men; who thounh they were of their owne
kinde, yet they were worferhen Beafts, and did ihat
harme which the Beaft of the field knew not how 10
doe: So tint the Proverb of this malicious vermin is
not impertinent., Homo bemini ( ncn Lufitt fed) $)*-
mon.
h. But to fpeak nearer to the definition of Warre,
It is not lus datum fceieri ; $ut a pubiique profecution o lu-
ftice by force , elvn to the ejfufion of Immane blond. The
better to tin dcrftand it, we are to conceive, that there
where a Court of Juftice ends, and is not able to put
us in poflefsion of our rights by its paper-power,
there the law of Warre begins, and makes everv Soul-
dier a Sergeant : andheiceiriscongruoufly faid, that
Inter anna necejfario filent leges : For in naturall reafon,
what ca n be oppoied to force bur force > Yet J uftice and
Equity may be confiftent with force : Hence the *tbe-
nians acknowledged Mars the Founder of "their famous
Senate, end from him call 'd r.Areopagtvs.
4. What is it to be unjoft or unlawful ? Thatjs pro-
perly unjuft, which hath a repugnancy, a dif conveni-
ence, orinconfiftency witiitbc nature of humane So*
ciety
ciecy and Communion ; as for a man to take violently
irom another to enrich himfelre.
5 . But Society is twofold. Firft, Eqnall, where both
are in cquall partnership ofgaine and loiTe,and as is be-
twixt Brothers, Friends, Citizens, &c. Secondly, Vn-
equall, as betwixt a Father and his Children, Matters
and Servants, Magi ftrates and People, God and mans
Betwixt whom there is Something mutually due upon
mppoiition of, and the i atitudcof the relation to , So-
ciety. The ule of this diftinetion wili appeare in tht
following ducourfes.
Chap. II.
Whether all Warre be unlawful! in order to
the Lawes of nature ?
$. j . Vfon what matters lawfull Wa re is grounded.
2. Wpat things are equivalent to lift. "
^^JXhree conditions fr&requifne to a jufr Warn.
4. How Innocents may be innocently flaine.
5 . Wierein Gods Dominion over us conftfls.
6. Concerning Gods deftroyinc of Innocents.
7. Co scenting Abrahams TVarres.
8. All cafes of Wuru not written with the IfraeiitesM/-
litia.
T"*He Anfwer to the Queftion of this Chapter is NTepa-
• * tive : Becaufc nature recommends us to an internall
honefty and equity; as alio to our ownc prefer vat ion,
andtheacquifition of thofe things without whicli we
cannot be preierved ; Provided they be not unj'uftly
taken away from the due preservation of others.
1 . I fay in prole cation of that without which we can-
M 2 not
C 164 )
not be preserved. For as Warre introduces the greateft
of evils, lJi^vthe taking away of mens lives, and that
which is equivalent to life : fo tight reafon and equity
tells us , that it ought not to be undertaken without the
greateft caule, which is the keeping of our lives, and
th.n without which our lives cannot be kept, or if they
could be kept , yet they would not be of any value to us,
feeing there may be a life worfe then death. Wherefore
as we are forbid to goe to law for a little occafion, f b we
are not to goe to V Var bin for the greateft.
2. But \rbat are tbofe things ^bicb are equivalent to a
mam life i T hole things maybe beft collected out of the
cafes wherein God himfelfe (in the Law he rave the
Jfntelites ) pronounc't fen- ence of death ; They are ma-
ny and different, and I fhill only point at a few of
them, Gods indifputabl J uftice therefore inflicled the
lame punishment on breakers into houfes, breakers of
marriage fidelity, publifhersof a fa! fe Religion, and
on thofe who rage in imnaturall lufts , together with ma-
ny others : I fay he inflicted the frme Capitall punifh-
menton them which he did on murthercrs/i here fore tbey
are cafes equivalent to a mans life.
3 . I fa y morec ver,That it m 11ft be fo that for our own
prefervation we take hot unjuftly from the due preser-
vation of others. That we might lawf illv invaoe mens
perlbns or goods by VVarte, one of thefe three con-
ditions is requisite. I. Neceffry, according to the tncite
contract in the fir ft dividing of poods, as is fhew'd in
the firft part. 2. A debt. 3. A mans ill merit ; as when he
doth <?rcat wrong ; or takes pare with thole who doe it,
as the reft of the ]Benjamites did with thofe who fbrc't
the Concubine. Many things may be absolutely necef-
fary for our f ubfiftence , which vet wc may not take
from the right of others, e/pecially if t'icy beinthelike
calamitv : for then the ru'e holds, that In pari jure potior
eft conditio pofsidenkit. Th 'S no Admiralty judges it
theft, ifadiftrefledfhip forcibly takes water from an-
other, which hath more then in humane probability will
iervcitto another watering. If one would affliS my
perfbn,
05)
perfbn, Nature fhewes me the way how I may defend
my ie.'fe, and reaion lets the meafure. God and natural!
equity required eye for eye and tooth for tooth, but no
more: beemfe ail paine above, was but latisfaction
in opinion, and confer d no reall advantage to the firft
fufferer : Wherefore God might juftty lay Revenge was
his , and he would repay it. When a lire muft be loft Fj-
Vorabiliorefi mibipojjcpio (? preferVatio aninue meg quoin
alien*,
Objetf. It is objected , That in naturall reafbn and
equity, the punifhment ought to be no greater then the
offence, nor the payment greater then the debt; Iifdem
7nodu in delicti partem quis^enit, quo in damni dati; For
one houfe pillaged,or a few catteJl driven away,a whole
K income is not to be laid deiert. Though ;n Civil!
taufes Children ought to pay theirParents reail obliga-
tions , yet in Criminall cauies they ought not to be
charged with their perfonall engagements; To cut off a
few nocent,we arenottocutoffinultitudes of Innocents,
fuch as are woemen and Children (as in (ieges and other
depopulations ) of whom the one is to be fpared for lex,
the other for want of age.
sJtfector adefi fectana; (Deosinprrfliaducit,
Qua% ruit mors eft,tantum trabit ille timoris*
But what is there to be feared from them who know
not what Armes are? Gods juftice would not that in
So dome the juft mould perifh with the unjuft ; northofe
in Ninety who knew not their right hand from their
left. A woman with-child condemned to dye , fuffers
not ti'l fhe be brought to bed: Arnres come actually
rciol v'd , yea oblig'd, to cut offeach the other ; but the
fame is not to be apprehended in women and children,
though thev be never fb great a multitude together.
V Varre is alwaves a Phyfick too ftrong, which entring
the body with a force greater then the infirmity 3 muft
need|ingeafethediftcmrer, and like thunder purginr
the bad qualities, corrupt the good. Therefore by all
this its evident, that V Varre is againft equity ana na-
ture.
M 3 H*
(166)
Aiif. To all this I anfwer, That Innocents are not di-
irdl ydeiigncd to punishment, nor to pay that which
thev do not owe. But if the cafe befuch. that they who
are innocent muft pen fh, orliveaiife woric then death
by the cruelty ofan Enemy, then to protect their inno-
cency, all may" be done by thofe innocents tha'extreme
ncceliky per nits ; and if their gu ilty Enemy obstinately
refiling to do right in fuch a cak,invofve innocents like-
wife en his fide, and in his dangers, then that guilty
Enemy is to anfwer for the efte6ts of his own acts. And
certaine it is, that the riqht whereby a man may de-
fend his life by killing him who would take it from
him, is not alwa:es because theinvadouris faultv, but-
by reaion of that right which Nature hath given every
man in preserving himfelfe ; as is larelier proved in the
fi i ft part, and by the fecond, cap. 2 . They therefore who*
thus innocently takeuparmes, are as little guiltv of their
evill effects, as he is of the ill fmell, wnichfbllowes
his cleanfing a chanel. VVc know that a Chirurgion in
drefsing a wound, purs a man oft to greater painc, then
the afiafsinate did who gave it : yea, we know no evill
which can be cur'd, but by another ; and thus it is that
byperillweefcipeperill. That Query which feryesjo
guide us in other cafes, will icrve as well in this, V/%.
ilm can/am demerit i And if they who occahon fo ma-
ny evil 's would prcfent themfel ves to Justice, then thole-
would beall avoided: But there are few Jonas s now
ada:es and too many 'Bevjamites, who chufeto fee all
ruin ci with themfelves, rather then give up dioie to Ju-
fiice who are guilty.
$"♦ As for God s Juftice in War, or other punish-
ments of his Enemies, I anfwer, That though he have
more ri^hr by a thoufand times to V ill us* dien we have
to Jd'l dunghi.'l Flies, in refpe6t of his abfolute domini-
on, ver he never doth the lesftadfc of injustice. True it
is, thar he made us out of his own matter, andafcjji^
own cofl and pames ; Js atttem qui non folam ope ram pra-
jlitit, fed & partem foiummUo materi* deditjpeciei domi-
ms eft ; fo that being of Gods intire Specification we can
claime
claimc no right at all in our felves ; and having no righs
he can do us no wrong. NotwithJftanding by hi? free
goodnc/s he hath inverted us in fome right, both by Pro-
mise, Oath, and Covenant, by whichitisjmpoflibic,
as Saint !?W faith, that he fhould play falfe with us ; fo
that though he may fecm to treat us unjuftly here, yet he
can and will recompence it happilier to us in an other
world, whereas dunghill Flics oy his holy will arc not
capable of another life: But thequeftion is, Whether
God before the Left? of the Gofpcll did not the fame thing
Ttohich is here ob jetted as unpift ?
6. It is evident that Gcd fpared not the very Infants
of the ftubborne Nations ; and though he faid he would
not punifh thofe who were innocent in Sodom together
with the nocent yet he flew the children; and frill pu-
nifties the parents in their children, to the third and fourth
generation: Yea, 2)aMd pronounces a blcflmg on them
who fhall take the youn? children of tBabylonf and dafh
their braines againft the ftones. Wherefore out ofthat
which God de fatto hath done, we may fafely conclude^
That though God had flaine thofe in Kinelie who knew
not the right hand from the left, yet he would not have
been un juft for that.
-'T%rl* S*tt*7» Abraham received no cxprefle Com-
mand to fieht with the foure Kings : yet God cxprefly
approved of it aficr the battell andblefthimfor it, by
Mekhiftdech : It rcmaines then that Abraham arm a
himfelf by the Comm'flton of Nature, or by the light of
naturall Fquity : Therefore all War is not repugnant
to the i aws of Nature.
jfrg.S. Eccl.3. Salomon faith there isafeafbnfTtfor
even' thing. A time to kill, and a time to heale; a
time to love, and a time to hate ; a time of War. and
a time of Peace Therefore War is not limply bad nor
contnry to the love which we naturally owe to our
neighbour, no more then a fathers beating his child is
"ilvvaieyunarpumentof an alienated afTe&ion, or that
a man abhors himfelf becaule he now and then dis-
members himfelf.
M 4 — Ne
(16%)
, . — , 2^ pars fine era trahatur. •
o. Arg. Sett.%. God imhe Ifraelites a Militia, yet
numbers not up all theoccafions and caufes which might
jultly move them to wage VVa r. Therefore it r ermines
that in natural I reajon the caufes may he eafily comprehended
and found out by our fehxs. Such as was (according to
Crotius) leptbes VVarre for maintaining his Frontiers
againft the Amonite^ and 'DaWs for bis A mba ffadour s
being abuled. It is not agairift natural equicv, that a
man fhould fofter as much as lie made another fuf-
fer t Cainouiof this fenfe,gave fentence of death again/}
hirnielfe, Be^hofial rjinde me "frill Jhy me.
•Seeing therefore war re was lawful! in Nature , and
under the 1 aw , the maine difficulty now will be to
ft now — s
Chap. III.
Whether all Warre be unlawfyll by the
Law of the Gofpell >
$. 1. The Law of Nature howfarre unalterable. Why
difficult to finde out what thcLaw of Nature is.
2 . Capitall Iuft ice ft ill lawfull.
3. How the Magiflrate carries not the [word in v nine.
4. The durance of tbe judical! Law, in Judaea, tfjjeni-
falem was deftroyed.
5 . The Judiciall Law not yet totally abolijbt.
6. Whether they who have committed fingle theft and
without violence ought to fufer death ? which moftptt-
nijbable, Adultery, orfimpk theft .<? , „ w*
7 . Of the foure Monarchies.
8. the necefsity 0/ ftUgipacy, Whether Mapftracy
fhould
(i*0
fljould have been > though man had not fain ? None fo
fit to be a Magiflrate as a Chriftian.
i . T dare not be fo hardy as fbme who fay , That the
■■•Law of Nature is Co intriniecally good, right and
rcafonablc, that it is immutable : fo that as if warre
were once lawfull bv the Law of Nature, for that rea-
fonkfhould of abfolute neceflity be lo ftill under the
Law of the GofpelL For the law of Nature is unalte-
rable only in what it commands to CThe LawofNa ?
be omitted or committed,not in what < tnre how frr un- >
it permitted , that is in Fr<eceptis &> I alterable. y
Vetitis, non in me diis ileitis. Thofe<Pr<ecepta& Vetitave-
late moftto the firft Table f and to the ninth Comman-
dement againft lying ) where warre hath not its place.
For as there arc many things relating to God, which
he cannot difpence nimfelfe from , 16 there are many
things relating to himielfe, which he cannot difpence
us from. Thus we muft ever worfhip God in Spirit
and Truth, because he ever is both ipirit and truth. But
we know not what the I aw of Na-r why difficult-)
rure is, becaufe we cannot penetrate \ to finde out C
ri^ht * reafbn. God at the beginning) what the Law ?
inecHight into the world without a ( of Nature is. )
Sunne; but after deriv'd it from the groffenefle of that
Planet, perhaps to typi fie two things to us.
Fit&,tbeS4bbatby that man fhould obferve the firft
day and light holily to his Creator abftra&ed and free
from all feafible actions , according to that L ight which
derives not from Nature,
Secondly, that Light might fignifie the light of mans
underftanding, which at firft was filled with infufed
knowledge only , and acquired or derived nothing
from fence, or' from any created thing. For Adam by
fomeof his firft a£ts, in the firft Sabbath day , chri-
ftened ( as I may ib fay) all the creatures with proper
^ncTiigrfirlcant names . as the true Godfather brought
them to him in their infancies : But when the Devils ill
breath hadiullicd thatcjearemirrour, then this topet-
nararall
(i7o)
naturall light was intercepted , and he left for haJfe his
time in night and darknefte , an J to be?in his lcience at
fence; which is fo clouded and rounded with mequall
mediums, tnat we rarely discover ftraight things other-
wile then in refraction, as < ; wers in water, according to
the diftemperlaVfwJ/fpeakes of»
» Cum jam Vertigine tettum
Ambulat, drgeminis exfurgit menfa Lucernis.
Every thing therefore (ports with us now, as the Phili-
fthims b®yes and girles did with Sampfon after his eyes
were out : and as Koabs children had their Matcrnals
wipxt out of their mouthes, Co had we Natures firft lek
ions out of our memories, and taring right reaion, wee
loft the right rules of our Actions. Our Lawes define
that of Nature thus ; lus nature e/t quodnatwra omnia ani-
maltadocuit: But this is extremely faulty; f©r it is both
ftoo Urge, and too narrow : It is too Urge, in refpedt of the
fubjetf, becaufe it takes in irrational! creatures, and tffe*
narrow M the refpecfc of the o£/e#, becaufe it comprehends
onely thofea&s which we have in common with beafts,
and not thole which wee have properly as men. The
modus cdendityeum or thr foerall'toaies o f doing homage or
yaffalage to our Lord, is a thing which God held alterable,
andfoalwaiesdid Nature : for God and Nature cdffc-
{Rom.:.\mandcd the fame things; the Gentiles who
•4- '5- J had nottheLaw,doiny by Nature die things
contained in the Law. So that Schlkhtingius faith ill,
that Lux l(eligienis toliit lezern nature. For though our
Religion hath in it many things above Nature, yet it
hath nothing in it properly fo contrary to it, as ro take it
away. W hi t Nature iaith concerning the l awes of the
fecond Tab'e is mucii ^kercable; for ifthey be according
to Nature una'ie ab e and chat God and Nature soe to-
ge hnr, then wel c evident contra^ i&ion. Goa com-
manding Abraham to kij his innocent fbn,
Si non ut Content f ahem tit Vitfimum,
and rhe Ifraelkes o carry way. not the Kins of :?gflf>tr *
good5? who h 'ri fo uuch wronq<nhe n for its l.k-'ythey
wee not (o familaras to boiruwufLm, but the peo-
ples.
(i?0
pies. Thus therefore I prove that fbmewarre is ftii/ per-
mitted under the Golf ell.
i Arg Sett. 2. Gods primary interdict f Gen. 9. 5 . 6.
offliedding humane blood, and his re-) Capita 11 Ju
quiring ft againe, is no more then wharf ***<* (till Jaw
■was expreflcly enjoy ned m the Sixth C W**
Commandement afterwards ; which Commandcment
after it was given, was no impediment either to capitall
puniftiments, or to warre : But that Commandcinent is
not abrogated, nor capitall Juftice now interdicted ei-
ther by it or any other injunction of charity, as after-
wards will more evidently a ppeare. Therefore ibme
warre is fhll lawfully which is nothing elfe but Capitall
Juttice ; and is not the lefle unlawfull , becaufe others
forcibly oppoie it, and make it calamitous thereby, But
on the contrary.
2. iOg.Gods Jurtice muft (till have controverfies with
the unrighteous ; and by the iame realon thatheeftill
continues exterminating Angels, hee continues the
power of the iword in the hands of Princes and Gover-
nors, for the vindication of that which was ever mo-
rally binding , and by Gods approbation occasioned
crueJl'warres even betwixt Jew and Jew. And if any
Analogicall collection be of force, we may coherently
inferre, That if God placed fire and iword at the entry
of the earthly Paradife,to repulfe their entry who would
prophane it by adoring afalfe Deity, why then may not
his Church he defended by the iame meanes? Cnrifts
hand foacciiftomedcogivebleflings and healings , was
never arm'd to give ffripes but in order to this. Not as if
his intent was to force his Religion , or any then to the
A ltars, but rather to fegrcgate the impure ProfefTor from
diflurbing the pure ; for they aJl profeft the fame God.
All the fwords & whips in the world'camotconftraine
a man to prefent God the pure facrifice of the heart ; Its
G o.ds referved prerogative to move that bv his fpirit in
me new Creation,as well as he did the indifpofed mafle
by it in the old. Freemen were never dragg'd to the Al-
tars, neither were thofc victims facrificed^ whi*h led un-
quietly to the Temple, 3 . Arg,
% '07*)
3. AYghbn\%*$% 36. Pilate anfwercd, thine owne
Nation and the chiete Priefts have delivered thee unto
me ; what haft thou done * J efus ani wered, My King-
dome is not of this world •' ir my Kingdome were of this
world, then would my fervants fight, that Ifhouldnot
be delivered to the Jewes ♦ Chnft whole lawes fymbo-
Iiz d not at all with thole which relate to the meum and;
tuum of this world, would rot leeke the prote&ionof
{Aft. 18 1 them from earthly force. But withall hee
«4 »5- S clearely denotes this to us, fhat they whole
rights and Kingdomes are of this world, may defend
themfelves by this right of warre.
4. Arg.Sett. 3. Kingly power is ftill lawfully for Saint
J How the Magi* ^ Taulin vited Kero and King Agrippa to
ftrate carries Cthe Chriftian faith, without any inti-
not the fwerd f mation that they ou?ht thereby to de-
in vaine J relinquifh their Crownes ; but on th^
contrary that they carried not the fword in vaine, which
yet were in vaine if they might not therewith have pu-
f Ran. 7 nifhtcapirall offences with death ; and if lo,
L ».?■ 'then by juft conicquence profecute Juftice
by War, in which the worft is but death.
Obj To this argument there aretwoanfwers :* Firft,
that though execution bee not done by the Magiftrates
iword ac all .yet it may not be laid to be carried in vaine;
for it may be carried ad terroremt Secondly That S aint
Paul tacitly dhTwaded Kine Agrippa from exercilins any
C ) function ofbloo^ in w idling him altoge-
< A#s 26. , tMriuchas himfelfe was faying being in
£29. 3 his bonds.
Anf. To the fit ft T reply, thnifallmencertainely
knew that the Mig ftrate would not, and durft not
makeuleofhisfworrf. t'^en it would never be ad terro-
retntozm rxceptto lmlelfe, becaule according to this
law any R ogue might ta Ve it from him,and execute him
therewith molt lecurely To the Second I anfvver, i;^,
that el?gant pece of Saint (Pauls Rhctorick 1'sTo Dee
underflood with a temper and according to his fcope,
whiqh
d75)
which was to perfwade King Agrifpa to embrace the
Chriftian Faith. Otherwife ifto be a Chrift an were to
bee like Saint 'Paul in all things fave his bonds , then
itwereneceflary to be of his Country, his Towne, his
Family . not married, and the like.
Arg.<$. If Chrift orhis Apoft'es by him, would have
tntroduod fuch a flrange flax of living, as was
never heard of before, undoubtedly hee or they would
have told us in exprefle manner, That it Ttas noto no lon-
ger Wtofidlror any go\>ernours to judge of other mem lives 3and
that upon paine of damnation amies "toere no longer to bee
horn. If Chrift among other Myfteries brought from
the bolbmeof the father, hadcommiflionto deliver this,
furely he would have fpoken boldly of it even to the fa-
ces of the Potentates of the earth, and without mincing
it, or of leaving it co each mans particular lo?ick to bee
deduced out of the Analogy of his Religion, efpecially
when there are luch ftrong prefampt onsagainftfucha
deduction. God put the rules of Religion and of Go-
vernement into Moyfes his hand at the Tame time, and
yet wicked neffe could not then bee reft-aincd by force,
much lefTe can it be now without it. Here Schlichtingim
replies. That wickednefle is belt reftraind by the Laws
oFGMift.
* 1 anfwer, this is very true, but itlalves not the doubt.
For it is here qucftioned what may be done by Govcr-
nours3 when ae fatto wickednefle is neither reftrain'd by
Chrifts L awes. nor bv any other confo mable to Chrifts.
Arg. 6. Paul foughta^uardof Souldiers ; and <*tfs 25.
1 1 . he iaith of himielfe. If 1 have committed a ny filing
worthv of death, I refufe not to die. Ther fore Saint
P*«/ thought, even after the Gofpelipublifht, that there
were fome crimes which might y t be punifht by the
Ma^iftrare with death. And if hee had commission to
declare hell to thole who (hould doe captali J uftice ac-
cording to a law but immediately before lavvfu 11, then he
\Yould not have faid that wh'ch was auite contrary to
it,- andlb have confirmed them in a damnable ei rour.
atleaft by his filence when hee yit% bound openly to
fpcakethecontury. <fyg.7.
Arg. 7. Sect. 4. It cannot be fhewed by any induction
The durance of \ out of the Scripture, That the j udiciaii
the Judic all /Law of the It^es Common- Wealth
I aw in jtidta>(which contained capital Punifhments
till Jerufa/eoA and War)did actually ceaie till hrufa-
was dciiro>ed.^/fwwascie^royecl: anc| jt was not e_
quail that it fhould be in force with the letoes, after they
ceas'dtobeapeople, and being made a Roman Pro-
vince^ were without hope of freeing thanfelvestrom
that Goverment. Neither did Mofes, who wrote thofe
Lawes, prefix a terme of time to the durance or expiring
of them ; Neither did Chrift or his Apoftles ( whofe ve-
ry office it was to tell us all that would exclude us from
ialvation) ever fpeake of the expiring of filch a Law ;
unleffc it were implicitly comprehended in Chrifts pro-
phefieofthcdeftru&ion of lerufalent; which was the
expiring of the Ietoes Common wealth onely. But the
quite contrary is molt apparent: For after Chrift was
afcended, and the Holy-Ghoft was defcended, and that
the Apoftles were lent with fufficicne inftru&ions to
teach all Nations all that which wasiufficient to bring
them to Heaven,, I fay after all this,Saint Paul avowed the
Judiciall Law. For in his plea for his life, hee argued,
that he had done nothing againft the C Act. 25. k'&x*
1 aw of the Ic^es, which was the Ju -<<
diciall And in another place he faid C Atfs 23. 3.
the High Prieft was then to give judgement according
to the Law of JWo/tf, which was ftill the Judiciall, in the
difpeniation whereof the High Prieft was as a Civill
Judge, And Chrift came not to take away the 1 aw, but
to fulfill it by filling onely the Rituall frndowes with
his fabftance : A miracle which no body but his could
doc, to take away, and not make a fhaddow. So that if
their Law of government lafted unblameable fo loni? as
thcirCommon-Wealthftood, and that the Chrift ran
Kelson ask was profe'f by the Apoftles, after the de-
fcent of the Ho.'y-Ghoit, was as lufficient to r^rjng.meji s
to Heaven as it is now, then le^es converted needed not
sit rh.it time to have quit their Magiftracy, neither ought
they
(175)
to have judged otherwise then according to the Law of
Moyfc) which jude d of We, deach, and of Warre.
Ol!j. But it is objected, that the Judiciall I aw was ab-
rogated byChrift, becaufe he torbad that which before
was lawful! by it ; as in matter of divorce, in the number
of Wives, in revenge of a tooth for a tooth,in forbidding
them to goe to Law, &c.
Anfa. Grotins thinks it enough to antwerhere, That
betwixt thole Precepts and the Law, there is no con-
tradiction, no not contrariety, but onely a difference.
For he that ? bftainesfiotn divorce and revenge, and the
like, doth nothing asainft the Law , nay hee doth that
which the I aw chiefly delires , in taking away and
reconciling differences : And thus it is that tneftateof
health is not repugnant to the nature of Pnyfick. But if
Chrift had laid, It isnob no longer iatofuii topmijk a mur±
*kw,then he had fpoke fomething contrary to the Law,
which faith, the Magiftrate is bound co punilli a murthe-
rer, otherwife that he is guiltv before God,
5 . But for a further ftrcng hening this principall Ar-
gument I conceive we may goe a littl £ f archer chen this,
and fay with fbme other Doctors (wh >ie , jhc juc| jci-
arguments I fhall here inculcate) that \ au | avv nor
Godntycr yet tot illy abolijbttbe Judicial! )*rC-toti\\y
£ay»; but onely in thofe parts which \aboiisht.
were proper to the Jewes Common-/
Wealth, as mc freeing of Hebrew Ser-^ Exod. 21.2.
vants in thefeventh yeare ; The marriage C Deut. 25. 6. )
of a Brothers Widow in cafe hee died < •*
without fbns ; And of marriage betwixt C Num- 3^8- }
thofe alwaies who were of the fame Tribe, But v was
notabolifht in thofe things which areimmut bleand
concerne all Nations, and by reafon of die equity of
them, many learned men conceive that even the Gre-
cian Lawres were derived from thence, as from them the
12. Tables, and thence the Civiil Law was deduced to
us. The reafon of the former is , Becaufe thofe thine*
which were peculiar to the ?eifo« cannot be laid common
to the Government of ail Chriftian people, The r afon
of the latter is, Firfr,
(i76)
Firft, Becaufe if all thofe Judiciall Lawes were abro»
gated, then there arc none left in the wor.d of God ; and
if fb ; Ucfo then is it true that the Word of God containes per-
fectly the precepts of ail Morall Verities ? For . according to
this it would bedeftituteofdiftributive Iuftice, andio be
imperfecl in a principal! vertue.
Secondly, if all Judicial! Lawes be abolifht univer/al-
ly, then there will be no ceraine rule for punifhmentjxic
according as each Magiftrate fhal? judce it juft or unjuft,
lone (hall doc and it will be juft; So that if Adultery
(hall be death in one Countrey, and not in another, both
will be juft.
Thirdly, if they be all univerfally abolifht; then of
thefe two one inuft needs be ; That God in the new Te-
ftament commanded not the Magiftrate to punifh wick-
ednefle ( which is falfe %om. 13.) Or ifin generall hee
commanded it and did not prefcribe how punifhment
fhould be proportioned to wickcdneflfe he then left it to
the arbitrary will of the Magiftrate. But this isabfurd.
For the Magiftrate as a man may erre. and therefore it is
not to be luppos'd that God kft it fblely to his will . Be-
fides, when the Magiftrate fhall punifh, he muft needs
doe it with a conference doubting whether he hath pro-
portioned his pun-fhment rightly or no. But 1{om\i^.2^t
What ever is done with a fluctuating confeience is ill
donc.llpon this ground Mofes twice durft C . . )
not pronounce fentence on thole who<f;eV!r,24,13, >
were great offenders. God hath prefcri- I Numbjf*;?* j
bed punimments for his Church, and hath hee none for
Stages ? Isitbeauie he would have that doc juft ly and
thefe not - or that he hath a care of his Church,and not of
Common-V Vealths,of wh'ch he is Authour?Some Po-
Jiticians have thought rood to retaine fbmc parts & not
others of Mofes his Judiciall Law, even fuch as by a
common rcaion relate to all men and not to Jewcs par-
ticularly. Murth:r and Aduherv were in that L awe-
quallypunilht with death, but limbic theft was jiqt.
H<2W^everfbno€ States have after'd thefe parts oTcliyinc*
and timvci fall Juft ice iofarre, as to make one of theic,
which
077)
which was by Gods order Capital! , not to be Co ; and
that which was not Capitall, now to be fo. "Vet the
fame States cannot pretend to be (6 Legiflative as to
make that no finne which was and is a finnc, nor to
make it a lefle finne ; How then can they juftly change
the punifhments which God ordered them ?
Fourthly, It is but congruous to conclude, that if
God have fuch a care of Families, as to make L awes
for the private fbcieties of Husband and Wife, of Pa-
rents and Children, of Matters and fervants , he hath
then provided Lawes for the regiment of publiquc fo-
cieties, in the temper of publique Lawes and punifh-
ments, which otherwise might become the grcateit m-
juftice.
Ob. It is objected, That Mofes his Lawes are not
fitted to determine all thofc cafes which may now
happen.
Anf. Ianfwer, That God thought them fuffTcient for
the accidents and time of the Jewes Common- wealth,
which was 1600 yeares; and how can f Deur. 17 9, ">
any man prove that the like cafes hap-L '°» l T< S
nc d not then in that long time which happen ordinarily
now-\ A Law is a rule, and if the Author of it be jxr-
fe.c~tIyWe, perfectly juft, and perfectly good, then
nis rule cannot but be likewife perfect. Though it be
granted that all cafes are not defin'd by Mofes exprefle-
ly, yet the perfection of his Lawes requires, that we
fay no cafe can now happen which may not be deter-
mined by fbme Analogy with that which is expreft ; of
things which are alike, the equity and judgement ought
to be like. For example, Exod. 21. 33 , 34, If a man
(hall dig a pit, and not cover it, and an Oxe or an Atfe
(hall fall therein,the owner of the pit mall make it good f
butthedcadbeaitfhallbehis. But what if a horfe or
a (heep ( which is not named ) fhould fall therein ?
From tne analogy it iscafie to conclude the equity.
, ,Qh„ Trmay be againe objected , That the Gofp 1
doth not abolifh particular Common- weakhs ; there-
fore it permits each State its owne Lawes, and there-
N fore
(178)
fore our Magiitrates are not oblig'd to Gods JudicMi
Lawes.
Anf. Ianfwer? ThatastheGofpelabolifhesnot die
feverall States of men, but corrects and reformes them,
ib doth it not abolifh, but correct and rcforme Stares
and Magiftrates, Mat. 14.3,4.
For prclTmg the further coniequence of this Argument,
I fhall propound this queftion ;
Qnefi. Sett. 6. Whether they who haVe committed fon-
pfe theft \and Without violence , ought tofuffer death >
Gods Judiciall Law permitted it not; butmoderne
States thinkef:hat that Law now would not be equita-
ble, and therefore ought not to oblige* For it is,fay they,
an ordinary rule of Juftice , That yrickednejje incrtafing,
pnnijhments fhould UkgWife be proportionally increafed.
In tabids time the children of Iirael hadchang'd io
much from their former finr-licitv, that he then diipenc t
hi mfelfe from the letter of the J tidiciall L aw : For when
the Prophet Nathan told him, that a rich man had ta-
ken from a poore his only lambe , heprefendy gave icn-
tence that the rich man fhould dye., and reftore the lambc
fou refold.
Anf To all this I anfwer : Firft,that if God thought
it once juftice that they who committed i implJ thefc
fhould not dye , then it is a^ainfithe ordinary rule or"
equity that they now fhould dye, only by humane au-
thority : jujlitia enhnfemper fequitur partem mitiorem.
Secondly, If puniihments may be fo cxafperated and
C Which moftpu- ) heightned , that that which was
< nifliabIe,Aduirc- >notcapitall before, may juftiy be-
C ry or fimple theft. ) comecapitall now ; then no reafon
can be alleged, why theeves fhould now iuffer death,
and fornicators not.
The Commandemcnt which forbids ftealing a mans
goods, follows that which forbids ftealing away his
honour : and good rcafbn for it ; becaule he is to leave
all goods and relations to maintaine the poflfiffcui oi^ ,
tins.
Thirdly, it is ill fuppos'd that the mis of theie times
exceed
(179)
c&ced thole of the Ancients, both in quantity and qua-
licy, Gods puniilimenton Sodom and Gomorrah, and
or* the univerf all deluge, argues the contrary : Moreover
our Saviour exag^eratiug the Iniquities of the lalt times,
faith they fhall be like thole of Koab and Lot.
The inftance in 'Davids palsionate fentence proves no-
thing : He gave fentence of death againft all Kabals
hou.'e , which was not therefore juft. Neither was that
given againft Mepbibb/heth mote equita- f 2 Sam. 19. "7
ble, whole lervant mi/informed T>a)?id'\29. j
on purpole to fbarejn his Matters eftace.
Befidesit was fuppos'd to have been , not a finiple
theft, but a theft with violence and rapine, and therefore
<$a\nd might jufily give fentence of death upon the
theefe. V Vhcref ore the encreaie of the fame impiet ies
encreafes the lame punishment according ro the lame
quantity extensively only, and not according to the
quality or intenlively. For it is not the number of of-
fenders , but the quality of the offence which proporti-
ons punifhments. <c lit ofall this itfolIows,XhatChrifis
Lavves tooke away thoie of Mofes only in thofc re-
fpecti, whereby jWwas feparated from Gentile, that;
Jo pla.ee irr'ght bz made for the extenlion of a Ca-
tholicjie Church , and for an univerfall Communion
of Saints. . Thole things therefore f Phi!, 4.8. 1
which arc of intriniicallhonefry and Ll Cor. 11 <V'4 3
piety, and which are common to all men in the Judi-
cial! Law,' are (till in force, and by that coniequence
ioisCapitallPunifhment and War.
8 Arg. "eft. 7. The route great Monarchies which
ruled in the world were by Gods 1 wfu/1 appointment;
and according to the Prophet Daniel , the iaft fhall ihnd.
t o the worlds end , and till the Saints of Clirift poff, (ti
thatKingdomeof his which endures for ever and ever,
i2)4w.7.2i, 22. For out of the ten Homes, (or Pro-
vinces) which were in the head of the lalt beaft (or
.Monarchy) >. 24. another Home frill arife (the Tur,{e)
and fliafl make three Kernes or provinces fall, which-
are according ro intei peters, Egypt, 4/h and Gn>
N 2 ^ He
( i8o)
He fhall fpeak great words againft the mofl high , ( in
his Blaiphemy againft Chrift) andthinkc to change
times and Lawes, (by his new Religion) and becauie
the foks of his feet are of Iron therefore he fhall ftand
till the lift, and all the time of his raigne (hall main-
tains Warre againft the Saints , which Warre cannot
befuppos'd but where there is mutuall opposition ; and
yet during this mutuall oppofition the Profeffours of
Chrifts Religion may continue Saints, V. 21. And
%el>. 17.16. Thcfe Saints fhall exercife a bloudy Vi-
ctory over the Whore of Babylon. By all which it is
evident, thatfbme Warre is (till lawful! under the Chri-
ftian Religion, and fhall be Co till the worlds end.
9. Arg. Sect. 8. Cut of the fourth Argument it was
prov'd , That the Magiftrates duty was not to carry the
C Thenecefiity 1 fword in vainer But becauie feme fay
^ of a Magi- > that they who are yet no farther then na-
{ rtrare. j ture , may perhaps have need of fuch a
Magiftrate, and he confequentiy have needofilicha
fword; but they who have renew 'd natures, and are
above Lawes and Ordinances ( as true Chriftiansin
their fenie are) have no need of any Magiftrate , and
confequentiy no need of any fword : Therefore here I
(hall (hew that none is fo proper to be a Manift ■ at c as a
Chrifthn; and defire thole who pretend to be lb refi-
ned as if they had no bodies (but to be as Mofes and £-
lias in the transfiguration ) that they would humble
themfelves by the 7th of the Romans, where they (hall
fee Saint (?./«/ (notismlndmdumnVagum, or an un-
regenerate perion J fay, 1 4m Carnall, not that he Kas
onely heretofore Carnall ; and *. 24 hecties out Who
fhall deliver me from the body oi this death} V. 22. he faith
ftillofhimfelfc Cas regenerated) I delight in the Loft of
God after the inward man.
I fhall not here difpute Whether it he congruous that
>WhethCrMa6i- jMagi}racy Jbouldbd* been thongf,
"5 have been in w^b fiaid in the affirmative ; tor its pow-
^manhadnotfaln.)cj:i3 grounded onwhat is naturall
and
( *0
andmorall. Secondly, man here is to be confidefd
more as a fociable then as a finfull creature : and a' re-
training or intimidating power in fbciety , is more
commendable in preventing , then in after correcting
finfull adts. Laftly, there is an impreflion of this pow-
er naturally in the hearts of all men. It is not enough to
objec^herc, That man could not have been anyway
intimidated unleffe he had finned firfi ; For that leemes
to caft in doubt the force of Gods firft Law, The day
thou eatejl thereof tboufhalt furely dye: in which words
there was a threat, which would have been without
effect, if Adam then fhould have been without a fenfe
or apprehenfion of it. The moral! and ftanding ground
of MagiftracyisintheFifth and Eighth Commande-
ments • Honour thy Father , and Thou fhak not
fteale.
The Qualification which God un- ( « King. 10.9.
der the Law made of a Magiftratc "toas \
fucbas /*/?*/?*//, Exod. 18. 21. Tbou<Konefofatobe
fhalt provide out of all the people able h Magnate as
men , fuch asfeare God , men of truth, ^ a Chrirtian.
hating CoVetoufneffe, and place fuehrer the people to be ^«-
iers. jBut what is there which fb ftri<5My recommends
andenjoynesthe/e vertues as the Chriftian Religion >
which by the promifes of a better life depreffes in us the
tumours of ambition and ayarice, which are the feeds
of all publique troubles , one taking too much , the o-
ther giving too little. Cur new Law therefore moft
reafbnably perfwades our Magistrates ? like Samuel,
when they are leaving their charges, f \
confidently to aske their fubjeas>L,Sam'12- *'4 S
whether they have opprefTed or defrauded any of them
ofanOxeoran Aflc ? For this f»erea theft toorfe then
facrilege 9 as GneVara faith, Antes tomaria lo de los tem-
ples, aue no lode los pueblos; foraueUuno esde los minor-
ities diofes, ylootroesdelosplebeyospobres; which is, that
k he had rather take from the Gods then from the "poorc,
becaufe the gods were immortall and unexhauitible. It
any inconvenience in government arife, there was ne-
N 3 Yer
( 1*2 )
vcr any thing found out io proper to pcrfwade poppj
a patient fufreriog it, as the Chriftian Religion. C>tiv: r
States permitted thefc ( as the Laccdemonum ) Adulte-
ries, Incefts, iMurtherings of thole who. were bora
with deformities , and of old unfervkcable people ,
{ *\which makes me conc'ude with the Goi-
Mar/h. 15. j pej . thacchewife of this world, are the
blindc who lead the blinde into the precipice ; and that
to enjoy a happy government, we iliould receive our
orders from God , who 1 Tim, 2. 2. hath given us
Princes, chat for the bomiu mimale we may live quietly,
and for the bonum jpirituale holily., under their prote-
ctions.
Chap. IV.
Obk&ions and Anfwers.
£ 1 . The C or iff i an Religion why no t revealed altogetbe r
by our Saviour.
2. Of'Cbriflsan d Moles bis Lawes in order to tbe caufe
and tbe effett offinne. Or loving our Enemies.
3. Of fkjewes Enemies. Of unequal! love.
4. Of Retaliation, and of an eye for an eye. Publiqtte
■ vindication cf fome private injuries not unlawful! by
tbe Law of the Gofpel.
5. IVbytbe private retaliation of fome blows unjuft.
How clemency and pnijbmeni goe congruoujly toge-
ther.
6. What Revenge i* . ' . ,
7. Our difvofuions to Enmity and A^y- Ibe conveni-
ence of our being borne imyonent. Way there are more
Enmitiss
(i83)
• Enmities thenVnions. Way Religion proper to m&l^e
more Vnions then Enmities.
8. Wbstberey. for eye be equitable.
$. Concerning killing for Religion^ and why we may more
. peremptory) fly men now for Civill then for Religious
caufes. Civill rights eajily kpowne.
i o. Of the repentance of Malefactors.
ii. C(>nceminti~PetersfI>eatbingbiffxvord.
12. 7 be Conclusion) perfwading not without extreme ne-
- cefjity to make ufe of the naked [word. / Q c?
TTHus farre I have endeavoured to make cleare , that
-*■ if Chnftspurpofehad becntotake away War and
Capital] punifhments, he or his Apofrles would have
declared it in exprefle tcrmes ; in regard of the confe-
quence of fuch a command , and of the newneffe of it :
And fomuch the rather , becaule no Je"to could imagine,
but that Mofes his Judiciall Lawes in things of com-
mon equity fhould ftand in Jud<ea, fo long as the J uda-
ic*ll Common- Wealth fhould ftand.
However Scblichtingim and the reft of his Tribe ob-
ject: J That though Warrebenotexprefly, yet it is ver-
tualiy forbid by our Saviour; as being totally repug-
nant to the Analogy of bis Religion , and to the Oiconomy of
bis Crojfe: Thac our Saviour Matthew 23. 2,3. laid,
the Scnbes and Pharifeesfat in Mofes feat, therefore
what focver they bad thofe of that time doe , he com-
manded likewife that they fhould ftill obferve and doc
it: For thofe times ( (ay they ) were not yet nervous
enough to beare all that which he brought from the bo-
fbme of his Father.
.Mf.i.Ashe difcoverednothimfelffully til within three
veares of his death, fo did he not fThe Chriuian Re-"
his Doctrine till he afcended andjl'gion why not re
had acquired Regall Authority to") v«led altogether
'mafa&nd abrogate Lawes. He' by°ur Saviour,
coniider'd the capacity of his infant Chnrch , and
would not that neK Wine fhould be put into old Qottelsfov
N 4 fearc
0*4)
tare of breaking them. This made the Apoftks them- -
idves even after his A lcenfion remaine yet a good while
hjlfe Judaicall , and adhere to circumfion and other
rights ; as if it were right which the 1 aw faith, J%ui lacte
nntrjturpars Yifcetum matris adbuc cenfetur. Mofes com-
bing direclly from God out of the Mount fl>in'd in the
peoples eyes like a iecond Sunne, anc\ therefore could I
notprefentlybelookton, but through the Edipfe of a
Vaile. However (fay they) our Saviour in his Sermons
upon the Mount (MaU chap. 5,(6,7 J (aid enough to prove
the incompatibility of his Spirit with the rank and Car*
nallfpiritofVVarre.
Qbj.Sect. 2. For there weare exprefly cpmmanded to
Jove our Enemies, and to pray for thole who curie and
perfecuteus. Therefore it not being now lawfull for us
to have a ny Enemies, it is as little lawfull for us to have
any Wane.
Anf. As I can fiippofe a defenfive VVarre,againft
which charity can make no exception, (o J prefumethat
;he Analogy of the Chrijlian Religion can no more except
againtt it, chen a£ainft Jufiice. And becaufe many ob-
jections are rais'd out of our Saviours Sermons, Mat.
(bap. $,6yj. therefore I judge it necefTary here to, pre-
mise, That our Saviour really never intended to take a-
way, but exactly to fulfill , both by his example and
precept, that which was morall in the Law of Mofesy
Afdf.7.17, 18. Itisiaid^Ter. 31.31,32,^3,34. H^. 8.6,
12. Art: 13.38.39. Jhat the time mould come that God
would put his Lawes into every mans minde, and write
tjiem in every mans heart; and all men fhould Imow
him; for bee "itould bemercifulltotbeirmrighteotifnejfey
and remember theirfinnes no more. This promife ftrre ex-
ceeded thcfeofiWo/fj in the way pfcxpiating our nnnes ;
for every man now in every place carries about with
himhisfacriheein his owne heart, which being hum-
bled by faith and repentance makes Sufficient expiation ;
whereas before it could be done onely in one Townee*'
the world, lerufalem, and through many perplext and
charge-
0*5)
chargeable ceremonies. Mofeshis Law(Of chrirts & \
diftinguifhtnot foexa6Hy of the caufe\Mofe$ Lawes /
and oftheejfett offinne, as Chrifts doth;< in order to the>
The Cdufi is the heart, where it is con- / c*'fe & «> thel
cei ved (as well as it is the expiating fa- ^ effeft of fmnc- '
crifice afterwards through Chrift) but of that, as of all
intern all acts , the leftes made leaft account , and were
moft (olicitous about the externall and moftmanifeft
effects as relating to the cognizance of a humane and
pcnallTribunall. But Chrift who was toperfe&usby
a more perfect Law and promifc tels us, that to God the
caufes are as manifeji as the effetts, and therefore that wee
have before him committed Adultery if we admit the
luttfull thought, and murther ifwcnourifh anger ©r ma-
lice in our hearts. All thefe and the like Mofes ( whofc
lawes concern d the fcverail kindes of our actions J for-
bad, but not in the fame degree and punifhment thatour
Saviour did.
If the fubftance of the Law confifted moil in lovc,then
our Saviour gave an extraordinary augmentation to it
in extending it to the Enemies of the leftes; for the Loto
t^as (Iraigbtned onely in the exenife of charity ; The ene-
niics which our Saviour here fpoke of to the le^es were
oftw<ifbrts.
Firft, They who were deri ve4 from the Amorites, Hit*
tites, and lebufites y\\hom the Children of f Of the lewet'X
Ifrael were at their firft planting to de-\ Enemies. 3
itroy, but utterly did not ; and on whom the King of
If rati al waics levied tribute of bon^fervice, I l{ing* 9.
20,11.
Secondly, They of all parts of the world who were
not circumcifed.By the renting of the Temple vaile thefe
diftin&ions were taken away ; and many ofthofe Ga-
nanites, and the others, happily-converted to the Faith,
were not for their old quarrells , ftill to be perfecuted
y/jxh hatred by the letoes ; for that might probably be-,
get afterwards a greater contempt of thcmfclves as de
fatto it hath ftnee all the Chriftian world over, Our Sa-
viour
( >8<0
viour therefore juftly preft this command (asallother
which concernd the extent of Chanty ) ftrictly onthe
y%es; for their Law was moft dete&ive in that, and
themtelves were moft tenacious to the worldly efteeme,
and advantages gathered upon ftrangers from that de-
tect ; and tor want offuch a dirYuli ve vertue as Charity,
Chnfts dochine in a humane morall way could not
have had lo tree a propagation.
But though all the world be at this time io near e a kin
throug h the blood of Chriftj yet the courfe of Judicial!
1 aw ought no more now to be luppos'd fbr6id thereby,
then it was before betwixt JeTfr and left who were bre-
thren. For it being granted t'hat love is to be exercifed
{of unequal 1 Tin a larger degree then before,yet it is ftill
Love- J to be with fome inequality or dispropor-
tion, according to the diftincTions of fociedes, c hap. I.
Beyond all doubt, all men are notto be lov'd alike, wee
arc to be tenderer ofotir Parents then of others ; next of
thofe who arc ofthe houfhold of faith;then,that the good
of the innocent be prefer'd before the good ofthe ndcent.
Cut of which unequalUort of love VVarre and Capi-
tal! Juftice is founded. We are bound to love our ene-
mies according ro Gods example, who/eSun equally
iliines on the juft and unjuH, and yet for all thatmepu-
nifhes the wicked here, & will punifii them worfe here-
after. Some therefore may ftill be reputed our lawfLll e-
nemies, if the conditions of jufticca unequall love, and
revenge except not againft us.
2 Obj. Sett. 4. Mat. 5. 38. Ye have heard an eye for
an eve, and. a tooth for a tooth ; but I lay unto you reft ft
not an injury, but to him who ftrikes one cheeke turne
the other : Therefore we are.no longer to rcpell injuries,
neither publikely nor privately* and confequently not to
goetowarre.
Anf. I anfwer, That though God would not have us
given to fuch an unnatural thing as revenge.yet he would
not havrus juftihe difbrder and cruelty; fuch as one
wretched Philifthim mi^ht with fpon a<5t upon a wrorld
ofSampfrm if we were obliged tamely to let him put out
cur
OS-)
outailoureyes,ordafhout all our teeth : After which
wee ihould not bee well able either to begoreateour
bread.
trangendus mi fero gingiva panisinermujuv.
The Italians fay, Cbififapecora, il lupo la mangia ; He
who makes himfelfe a fheep, a VVolfe will preiently
devours him. This were a docTrine furelyrauchtothe
Devils advantage,, and therefore we ought to bee tender
intheconfequencesof it, left, becaufe that we ate obli-
ged to martyrdom in the particular cafe of our Religion
(there where the Magistrate and Kingdome beleeve not
the Word of God) we conclude,that innocence and In-
nocents are in all other occasions and places to be aban-
dond; which is to magnifie Gods chmcncy tofuch a
height, as to take away his justice : whereas indeed their
.may bee a lenity, which cfle£tually may bee cruelty.
Wherefore in doubtfull interpetations wee are to follow
that which drawes the leaft inconvenience, eipecially if
other Texts favour it afterwards. Upon which ground
I conclude,
f irft, That the perfon here fpoke to ^ publique vindi-
by our Saviour, is the private perfon V cation of force,
inj I urQd,whole fence provokes him to Jprivare injuries
that revenue which the publique Ma-Snot unlawful by*
giftratc mult needs be void of. Se-/'nerLaw ofrh^
condly, he fpeake? not of every in ju-^- Gofpell.
ry, but of a blow which neither wounds nor difmembers*
It is evident that our Saviour , by thofe words intended
not for ever afcer to abrogate the courfe of publique
Juftice. For at his ownetnall afterwards before Tilate,
whenaftanderbyfmotehim (in the manner he menti-
on d) on the cheeke, hee did not filently turnc the other,
but immediately reprehended the in jurer, laying: If I
fcaVefpoken eVill% beare "toitne/fe of the eVill ; but if Veil, "toby
fmitejl thou me i John 18.23. Out of which words it
appcares,vFirft, That our Saviour thought not himfelfe
oblipd to receive a lecond blow before he reprehended
the ftnker for the firft. Secondly, That he conceiv'd it
then lawfull to forme actions before publique Magi.
ftrates,
fi88)
ftrates, incafeofdoingoripeakingevill: Forbearing
of witnefle, is in order to the Magiflrates judgement. As
if our Saviour fhould have (aid ; Wbyfmitejl thou me i
feeing^eare both before the publiaue Magifirate\ Tbho is
to btare and to take Itoitneffe of all the eUll nbicb it done or
ftoke. Wherefore by thoie words here objected , and
which our Saviour (poke in the Mount fome yearcs be-
fore his triall, hedidnotunderftand, That we might
not by a third publiaue per/on calmely refift important
injuries : Neither did .Saint Paul, long after the Afcen-
fion , ( when the Chriftian Religion was perfect y de-
da red J judge it contra Oiconomiam crucu. He faith, the
{i Cor- 6. h\ Plaintifs among the faithfull(who might
4>5»$. Jchufe whom they would to be their
J udges ) did ill, having private controversies with other
Chriftians, togoetoheathenifh Consciences and Tri-
bunals. The Israelites were never in i'o little (ecurity,
as when they were faine to goe to the Philiftims to whet
their fwords . Wherefore Saint Paulonly chang'd the
Judges, faying ; IfyebaVeany matter againft one another
fn things pertaining to this life ( and are not de jwepultti-
co) rather then to goe to Infidels for private juflice , ftt
them to judge "tobo are leaft efieemed in the Church, i Thus
feeing Courts of Jufticc, impleading Magiflrates, and
unequall Love, areftill lawfull ; therefore we may pub-
liqucly refift in juries (till , inftcha way as (hewes we
are not poyfoned or tainted with revenge.
Inftit. That which (eemes moft to perplexe the Text
( here objected ) is the particle ® VT. For fome under-
ftand the Text thus : By the Law of Retaliation, and by
the hand of a Magiflratc ye have heard , a tooth for a
tooth, fBVT I fay unto you, refift not fuch injuries by the
hand of a Magiflratc, $VT rather privately take inju-
ry upon injury : where (fay they) the particle WTin
both places doth by two degrees in the (ame kind di-
minifh negatively , that which before was pcrmkteck
So that :£ xhzfytaliation before was under flood to have
been made by the Magiftrate , then the prohibitions of
refifting afterwards , were meant in refilling by the Ma-
giftrate
(189)
giftrate 'likewife; therefore fay they, wcarc neither
publkjuely nor privately now to refift injuries at all.
Anf. Sett. 5, To this I reply; That the refiftcrhcre
can be no other then the private peri on f Why the pri- ^
injured: becauic the forbearance of) vate retaliation £
retaliation injoyn'd in the Text re- ) of fomeblowes^T
i pe&s h im and the ftriker immediately C "njuft- •*
after his firft blow , at which inftant Mofes Lawes
(which (as is cleared by the former argument) were
mod detective in charity) permitted the party injured
aprcfent returne of injury, as the Civill Law did, ad
ViUndam fecundam ptrcujfmiem , juiain dubio u qui fecit
infultumbahetanimumrepercutiendi, for avoiding the ie-
condbJow, becaufein this doubt it is to be pWum'd,
that he who firft aiTaukcd hath a minde co (trike againe.
But becauie nature hardly digefts chc firft blow while
(he is heated with it, ana that heat fcldome dotb Ju-
stice , but transports both the one and the other refi ftcr
farther then they at firft perhaps incended
Iramat^animosa ermine fumunt. Juve.
Therefore our Saviour (who came to make the Law per-
fect in charity ) commands rather that we would turne
the other cheek to receive a (ccond blow, then vindi-
cate the firft with private rancour. If wc remit our
Vvrongs to the Magiftratc he ( not ha- V How Clemen- Tt
vingour perlonallpaffions) candocPcyand puniftvV
Ju/ticc with prefcrvation of Charity, J mem goe toge-C
ecaufe he being oblig'd in all his fen- tner* J
tences to incline to that which is moft favourable for the
dclwqiicntybis punifhments necejfarily brteajtream of Cle-
mency atoayes running tbmigb tbemi So that it is not con-
trary to charity to have recourfc to the charitable Magi,
ftrate, as our Saviour and Saint Taul by their examples
and words allow.
6. But inalithisitistobewellobfcrved , thataei-
therof them countenance any revengeful 1 retaliation.
What therefore is revenge * Some fityf What Revenge 1
revenue is when there is more in the c "*• S
puni&aicntthcnwuinchcfailit; But this is not unna-
email
(lOO>
tiu-Ii oJanjuit , becau/e there is no reafon that the inno*
cents and nocents fufferings fhould be alike, for then
punifhments would not be ib effectual! toterrifie others,
nor to give future fecurity to innocence.
Scblubtingitit defines it thus ; Vinditta eft pam qua
nulUm^er am injuria aut damu illaU compenfationem- conti+
net ; revenge is apimijhment ^Heb container no reall conn
penfation of an injury or of harm* done ; as of an eye fot
an eye > a tooth for a tooth : but this definition is not
perfect, and is too negative ; Seneca comes fbrne what
clearliertoit when he defines it, VindiHa e/lvoluptaf w-
{Sen cfc rran 7 bumam , qua alienis deleUatur malts , and
an. c 15. J the Poet likewife, when he faith
<Delellant bebetes !d/fo UB or e>fc cures,
lnYidiofi dabic minimm Solatia fanguis, Juve.
Revenge therefore is properly an infblent delight m
the fufferings or painesof another, whom we judge
to have injured us, which pames refiding in the per/on
of the uifferer, arc not naturally fitted to produce a coiv.
traryfenfeof /oy in the peri on of a ftander by, nor to
transferre any leal! profit to him in the way of compen-
iation J and therefore it is no part of Juftice, and confe-
quentlyisunjawrull. Juftice repreients a malefactors
paines to us y not to excite delight but feare , Vt pan't
minsjitmetus'multorum. The paines and difeafes of o-
tkers naturally Communis te thcmfelves more then
their joyes and healths can : Neither hath any mati fitch-
a high fenfe of joy as of pame^ from whence; the greatcft
reientments ought to be of pain e.
<Dum /fettant lafos &culi3 laduntnr (? ipfi.
Nay, man is notable to ftand his joyes ; for fbme-
times there areftieh profa/ions of the heart as kill imme-
diately y and a laugh may be io heart y as to draw tears
along with ic in the eye : which is, becaufe nature
eommin^ out of imperfecYion and nothing, carries al-
wayes along wkhiticlfea difpofttion to ruine , and a
Psrta Sd£/>M, trcacherouflyto let in. a thou/and Enemies
upon us. From the juft apprehension of wh ich we con -
elude,
(i90
dude, that if they who take a delight in the f Rom. >
pleafing and fenfiiall finnes of others, orTendL»^2. ?
more then thofe others who commit them ( becaufe they
cannot pleade iuch a violence offer'd to their fenfesas
thefe can) then they who raife a delight out of the paines
of others, are more blameablethen the former, or then
they who upon paflion or fury inflidc thole paines on the
iufterers. Wherfore revenge fcemes to be even beyond in-
jufiice ; tor this ordinarily aimes at fbme pofitive con-
venience either in lecurity, profit or honour, though it be
by the mine of another ; but the a& of revenge begins
when all tins is done, and infults like Tarquins Queene,
who when her father King S. Tullius was murthered and
throwne into the Greets, (he drove her Chariot over his
body,at which fight her horfes were frighted,but (he fate
fort as in a Triumph, Super cruenttm patrem, itettacar-
pento, consternates equosegit. Flo.
This was that which made the fweet in CaUlins ban-
quet, in which he and his complices drankea Round in
tkeir owne bloods ; an a<5l laid to be Very horrid, Tbereit
not for the caufe "tobicb This more horrid,
7, As for Enmities (which are C Our difpof.tions ro ?
fomefteps and conveyances to Re- < Enmity and A- >
vengej/we are di/pos'd to them, be- C m«v- >
fore we are borne, and continue them after we are dead,
and all without contradi&ion: For Jacob and Efauquzi-
rell'd in their mothers wombe, and as fbone as they had
received their- fignaturcs. The learned Cujaciws tnifliqg
preferment in his owne Towne of Tboloufe, and the late
Duke oflfabdn receiving many difobi igations at Court,
concurred both (perhaps accidentally ) in this one Epi-
taph, which they would have their afhes alwaies hold
out as a flag of defiance, the one at fBourges, the other at
Gene')? J*
IngraUpatriane off* quidem babebit*
Yet Kature difpofes us powerfully to Amity : for the
rj feeblenefle and indigence of new- C The convenience of J
borne Infants hath this good in it,< o»r king borne in> >
that they are thereby immediately L potenc. j
ingaged
('9 1)
imaged to love their Parents who oncly provide for
tnem,
Ore Volatpleno mater jejuna ;
And confequcntly to have a reciprocal! care of then* Pa-
rents feeblenelle, when old age fhail ieize on them ; be-
sides, Children are by their native impotencies inured to
obedience, and thereby fitted forfociety, and in this uni-
on nature leaves them : Policy afterwards feekes to
ftrengthen it by the Allyances of marriagejkinreds^rts,
commerce, &c. Then comes Religion which (eeks f
cover all the others defects and differ ences, reducing us
to the unity of our beginning and of our end. Yet for all
this, L ove is not fecured nor fortified enough ; for thofe
generall caufes produce contrary efTc&s when they are
applied to the particular conditions of men, as the Sun
C Why there are more 7 doth, when it produces Poyfbn in
^Enmities then Uni- > one place of the earth, and an An-
ions. J tidote in another : Befidcs, Po-
licy hath multiplyed the objects of our love by the goods
©f opinion, and reafon ordinarily is debaucht away by
fence, and every part of the body is made of contraries ;
and w ithout them, would not be able to keepe our heai
alive, toco-a6t,or move from place to place ; yea,nature
hath made us with the fame inciinations to the fame I
things, which we cannot aJlpeffefTe together. From all
which we may jufily conclude, That there muff needs bee
more Enmities then Anions in the "toorld, and that many will
draw matter of hatred out of that, which another will
take to be a Principle of Love.
Sapiens rifum ubi flultus ir&m colligit. Pute :
But as a little winde eaiily defeats thole Armies
Why Religion ^ which are form d in the aire by the
makes more En: (.accidental! incounters of Clouds, c-
mines then Un<- f vcn f0 me fpirit of grace working in
om* ' the heart of a Chriftian, eaiily dif.
pels all thofe cruelties whic'i the fumes of our pafTions
mav raife in us againft our Enemies : A generous dog ,
Will nocturne againft tnoie lirtle ones which alwaies
run barking after hinyieirha; fliouli we be alarm d at e- '
very'
(193 )
very peevifh injury. G ur Enmities therefore ordinarily
come from a mixt principle, inrefpecl: of our Natural!
and Civill ftate,and through our different pretentions in
the Commerce of the world ; But our Amity comes
ftrongeft from JSUture$ with which it is very intimately
allyed , and therefore ought to be the oyle to iwim at top
wheniocver any other vapour of choice would rile up
to put u s into a tempeft. Moft equall therefore it is that
.we (houlc be ready to love our very Enemies 9 to turnc
the other cheek, rather then by private and immediate
retaliation hunt after a revenge , and fo, readily to give
tiie other coat, which is a covering only of another co-
vering, Lex entmnon curat de minimis. Yet this love on
I one hand mutt be without imputation of cruelty on the
other, and for feare of dif pleating the thiefe I mi .-ft not
let him lecurely diipoile the i rrhclin of all his fubfi-
ftence^ left I be worfe then an Inhdell. E quity there-
fore looks to Equalitv bqtinn quantity and quality, and
when one icale is defrauded- to '(way the other, ir fets
it right and moderates it againe, and this temper is a pi-
ous Pence.
(Duos aquato examine Lances fuftinet. Virg.
Obj. Se$. 8. icblichtingius ohjecls that there is no
equity) or equality in a tooth for a
An eye for an eye, a blow for at
for in this refhtution , that which
ken from the one is not retiWed to the other , but both
one and the other have lerTe then they had before. One
inans eye will not fit another mans head, nor one mans
tooth another mans mouth.
Anf, I know not what this concludes, fave, thnc
fuch a kinde of retaliation is intrinlecallv againft E-
quity and the nature of Compenfation ; But then ic
condemnes this Law a mom* J ewes ( which is impious *
aswellasamongCh viftians, and (b concludes nothing
againft the preient queflion , but leaves us in the /a.nc
Jufticewhidi the Jeweshad-fceforeChriftscime; whki
indeed is Q.Hodats and other interpreters opinion upor.
Exod, 2 i . 24, and that eye for eye,, tooth for tooth wo
C en %
opjects tnat mere n no
a tooth, C Whether eye ?
blow ;< for eye be , >
chista- cEquuy, >
only phrafes to fenine in generall , That" punifhments
ought to be proportioned to offences • They are to be ta-
f M , "I ken literally, no more then Saint Af^.
^Mattn. 5. *9- $theWi command for pulling out our
bvvne eyes, and cutting oft our hinds. Of thefc 1 awes
therefore we (hall (ay as the Ci vill I. aw faith oftbmc o-
ther, Valeant eomodo quoValere pojfunt However Tdiftin-
guifh betwixt Equity itobicb is generally and Compenfation
%hicb is more particu'.ur ; not but that I conceive Equity
is where compenfation is .,. but tha* equity may extend
furthcr,and be there where compenfation cannot be ap-
plied. Though an eye for an eye bee againft compen-
fation in particular, yet if it were i-.i Hided it would not
fee againft Equity in generall, becaufe it might preferve
other eyes, not yec put out, by representing the torture of
the malefactors eye. Capital! Juftice which was infti-
tuted by God, was more for the affi i°htment of others,
then for the amendment of the fufferers,as in Ananias and
Stphyra, Corah and Vatban, &c.
SzinifauCs advice and Limitation of this Text is
fitteft to conclude this Argument, Horn. 12. 18 17. If it be
PQsfibk.andasmiicbaslietb in you, baVe peace Tbitb all men :
as if he fhould have faid, It is posfibleyou may bee con 'Trai-
ned to brea\etbe bond of peace, but let not that necefiity come
fromyoUfOndibenyoufbdllbeguiltleJJe, and Epbef. 4.26*
Be angry but fin not: difcountenance injufticc and im-
piety, but fo^as to be al waies difpos'd toentef taine peace,
idem pads eris mediufyue belli, Hor
Obj.SeB. 9. Under the L&in 3Deut. 13. They were not
io peremptorily commanded to go to war in vindication
of their owne rights, as they were to war againft thofe
who profeft falfe Religion ; and the cafes of war were
not Specified, but the cafes of falfe-worfhip were, as be-
ing mperiour to all other interefts. But now under the
Gofpel we arc forbid the greater, which is to flay thofe
of falfe Religions; therefore wee are forbid the leffe,
which is to flay in Warre for fbmeprivateinjufticeoffe- •
red us.
A. To thiS'Iahiwer, That though the Apoftles in
plan-
planting the Gofpcl had no dired ^concerning killing
Commimon to kill , but to hclpe Wor Religion, and
to late Idolaters, yet when they \vhywee maymore(
met vvith notable interruptio from^peremprorily, flay
thole who profeft Religion, but Jmen now ft civil l,\
werenOtfaithfull to it, rhey pro- ( then for Ecc!efa-
cceded to high punifhments, as in ft,ck wufes.
Ananias, sapbyra, and Elymas, who endeavored to hinder
the Proconfuls conversion, A Hi 1 3 . By the 1 aw of <Deut.
13. The l/raelites ml ht have (toned an JEgyptian.vjho at
Jerufalem fhould have perlwaded anv to worfhiphis
Country Idols, when perhaps it was not lawfull whilft
they liv'd among the Mgyptians, & the Idols themfeives,
at whick time the jfraelites were noc Magjftratcs among
them. Evenfo, if any man (hould allure us co a wor-
ship contrary to the light of nature, no qucftion but the
Magiftrateisftillobligd to punifhand reftrainciucha
pervcrcer.
But every difference in Religion, makes not another
Religion. For the Pharifees, Saduces and EfTens.thougfi
they differ'd in high points which the i aw fpoke not
clearely to, yet they went altogether to the Ume Altars,
and Sacrifices ; and for that reafba were not throwne
, out the Temple. As Religions are now commonly dif-
/ ferenc't and callVf, we may fay, that it is harder now to
know which are the falfc, then was anciently; and a
civili crrour or offence is moiecert >inely knownethena
Theologically and fo may be more peremptorily punifht
by us. Heretofore all Religion was expreft in a confor-
mity to Yiftble Ceremonies, but now God will be ferved
by that which is written retiredly in the hear:, Ur. 31.
and demands that,as an inward f icrifice. Of thofe who
transforme themfei ves into Angels of light, there is no
outward character wherebv we might be able rodiftin-
guifh of them, fo that no won ler if they may almoft de-
ceive the very Ele&. Therefore in foure refpeds it is
d^erous rigidly to punifh f in per/on or cftate )
peaceable diffenters in Religion thus difference and
underitood.
O 2 Firft,
Firft, In regard of the falliblencfTe of judgement, in
that whicii we may judge now Hereticall. For that at
one time hath been judged Hereticall, which at an other
hath been cfteemed < rthodox; and moft men living
arc ingag'd to their Religions and Fonts when they
know nothing at all.
Secondly, Jfn regard of the Heretique or diflenter him-
felfe, how he is affected within : we know not who die
well, nor who die ill : God (onely) knowes his ownc,
2 Tim. 2.1.
Thirdly, in regard of the future event, whether that
which is now tares , may not afterwards.' become
wheat ; for by hearing, a man may come to change his
opinion. KoIUe ante ttmpus judicare. I Co^.4.5.
Fourthly, In regard ofothers, left punimment thus in-
flicted on ibme, make not others either hypocrites or
morcobftinate
B ut as for humane rights and injuries they are eafilier
{CiviH nghrs "7 known, and therefore the Magittrate
eafiiy i nowne J may be the more peremptory in puni-
/hing them. Hence Gallio the Deputy of Achats, Alt. iS.
12, 1 3, 1 4. anfwered pertinently to the J ewes, when they
brought Paul before him for teaching a worfbip contra-
ry to the x aw ; if it Were a matter of Wrong or Wicked leWd±
neffe, 0 ye leWcs, reafo • Would that l fhould beare With you : N
Likewile the Town-Clerke of Ephefus, AtL 19.38 ,39.
prudently advertized the people in their uproare about
jW5preaching,(aying,/( ye hate a matter againfl any man,
the La)b (which was Capitall ) is open, and there are Depu-
ties, let them implead one another : but if ye enquire any thing
about other matters, itjhallbe determined in a laWfull ajfem-
hly : Wherefore Paul in a Civill caufe and as a man,
rightly appeal d to Cafar, and in a divine as a Chriftian,
to God, who referves a day of judgement to account for
all that which we as his Servants have done, or have
omitted to doe to others for his fake. Hee who thinkes
himfelfe competent enough to juoVe of rhis here,is Nimis c
curio fus in aliens republics \ and will doe well to remem-
ber
( 197)
bet what Saint Paul faith to him, %om. 14, 4, Wbatt/t
thou that judge/l another mansferVant > To bis o^ne Matter
he Bandetb orjalletb. The evidence of the Chrifiian Re-
ligion depends on the evidence of the Hiftory of ancient
h& ; as of Chrifts being in the world, of his Reiurrecli-
on, Afcenfion, &c. but thefe cannot be cfearely eviden-
ced to us now, butbythelpiritofGod, which hee lends
not into the heart of every man for rea/bns fecrct to him-
felfe, and for which we cannot fafely undertake to afc
flic* or kill any man here.
Obj z.Setf.io.Scblickingiusobje&s, That the depri-
ving a malefactor of his iife,deprives him of Repent mce,
and that deprives him of Heaven-: whereas Chrift came
not to take away, but tofecure and fave the lives of men*
Therefore Warre is againft the L aw of the Goipell.
A. To this I anfwer,That we cannot ( Of the repen- J
tell when men doe really repent, al- < ranee of Mac- £
though they might h a ve time enoug h : I favours. j
Nay, they will be very few who will /ay they have time
enough, by rcafon of the terrour ana diftraitions of
death. Moreover God himfelfe doth not ahvaies remit
all punifhment to tho/e who repent3 and iceke him in
teares, witneffe "Efau and (David : and fbme there are,
who are fbhardned,that time cannot mend them, where-
^fore the fooner they ceafetododi, the becter. Ufually
Magiftrates allow a convenient ipace of n ne for the re-
conciling of a/ouletoGod; and though thev did not
give any quantity of time, yet a little tim? well quali-
fied may be e nough for that a& ; O ne good^ moment is
enough to convev a fbule to Heaven, witnefle the T hiefe
on the Croffe. For as they are the la ft and the fmalleft
touches of the pencil 1, which give life to the picture 1
even (o they are the laft, though the fiiorteft compuncti-
ons, which reftore life to the dying ibule.
Ob. We are to imitate Chrift who dyed for the bad
as wel as for the good.
A. I anfwer, That Chrift died, not as having beer*
obliged to it by a Law,but by a voluntary contract with
his father. Without doubt God having more right irt
O3 ou£
098)
our lives^ tjjen we have our feives, could have obliged j
us patiently to be kill'd upon any cccafion, rather then
to kill, but that we here deny, and is now the Qucftien.
Ob. .'ctt.ii. Chnft badger put up the fword, there-
fore it is not lawfull for Chriitians to draw it out.
An. I anfwer, That it is lawfuil for us to pray one for
C Concerning Peters 1 another : but after we know God's
< fheathing of his > abfolute decree againft iuch a thing,
I fword. 3 we may not pra^ him to give it us.
Cur Saviour told Peter in the company of others, that
Gods decree was, himlelf fhould lurr'er at Jerufalem, yet
Fcter after the knowledge of this from Chnfts divine
mouth, told him it fhould not be, whereupon our Sa-
viour juftlycaU'd him !S attain, asinStio^w. After this,
wben.Qur Saviour had told his Diiciples, that the houre
was now come according to Gods determin d will, !Pe-
ttrapaincwasfovaine as to promiie him protection by
his iword, which as itvyas oppohte to Gods decree, lo
our Saviour v\ ould not make ufe of it, no nor of Let-ions
of Angels . Wherefore the force of this objection fhews
onely, that there may bean occafion when a man may
not warrantably draw his Iword, which is very true,but
not to the purpofe.
The conciufon, *^ 1.2. But upon what caufes a majj
.perfwad ngis nor /may draw his fword,ormake War^ .
Iwirhom extreme V 1S not the fcope of this Difcourie,
incccfliry to draw ( wicri is deduced out of a War alrea-
or make life o I \ dy formed and bv wnich j hope ft
the naked Sw ord. J is nQW provcdj tnat fome War may
fee lawfull both by the Laws of Nature, and of Chi lit ;
though I confcfle he may do beft, who doth not a] waies
tlX ^ venlo a jult vindication or an injury is fill per>
mitted but patit nee is more commendable f fnrria 1 ! Yj
whejTm Wa fwe arc toi the molt part affifted.todbiie- <
form d a pailion nsFub iauelmpattej^i^ (which is the or~
"cOHary complexion of Vvaf' ) andwhen;rji? iaj
cm*
v ^9 j
complained of, hinHer not our particufar /bcTetv wkh the
IfrfufeK, nor the gcnerairWflCr; tlf UlWUlMy H lflB. 1 o
kitlxFBeupona'ma'hs forehead we are not to knockout
his toaines: but m the transport or pal lion we may eai "|/
(as it were; run away with our ielves>
-t~^rtMequnidU}ili\WdudihctorusM Vir .
'Tis this and Revenge which poi/bns Juftice, even as
^cro'* debauchd and foule body did the facred fountain
of Mars, in which he had the impudence to bath him-
felfc immediately after his rioting, Videbatur potus facros
tsr caremohiam loci toto corpore poluiJJ'e. Tacit,
But how much happier arc they who try their ftrengths
by bearing the heavier* burthens, and though fpurrd
bv the quick fenfe of their own Luffs, yet flye not hea-
dilyout? Something there is in the mannaging of the
beft ofFenfiye War which is diffieahng to God^^EHeT^
wiie he would not have excepted agarnltfldV/rfsZeale
for bnilclin^nim a hoffle^ only bemue he had^tefTa
mJtfaceifton^dTTIe^^^
he i ought were laid to be the Lords. Humility and
meekneffe of fpirit, with our affifting to carry one ano-
thers burdens, to be ofc in duft and afhss, will (if it be
pofsibleJ give us that peace here which will nottraveiie
our better repofe hereafter Some Phyfitians doubt not
but if the {Di mend could be pouder'd as wel I as Alabla-
fier> it would be as good an Antidote as it, and not ope-
rate.with (uch poiion ; Even 10 if we could reduce our
affections by a hncere mortification and humility, we
fhould not only be void of Venomeour (elves, but have
a pre/ervative^or an AmuJetum againft others who would
taint us. A fmall thing ofc times hath the power to re-
drefle a great inconvenience,yea, to take up a cruel 1 feud,
as Virgil faith of that of Bees when they are actually in-
gaged in battaile.
Himotm tnimorum, at que bxc certamina tanta,
Fuheris exigui jdtu. comprejfa quiejeunt.
Godlineffe with content is great gaine: Ucob till he
had
hacLLnft God an houfe defired no more of him, than*
breTdToe^ Geh.iK.'
2C.~ffv aP'wliich y\'c may fee how much of our rights
we ought to forgor, before we come to the naked fword,
in which Tragedy we muft either be fpe&atours of
other mens deaths.orfpedracks of our own.
FINIS.
7
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